Muniraj vs The District Magistrate and Collector, North Arcot Ambedkar District at Vellore and The State

Janarthanam, J.—One Muniraj (petitioner) is the detenu. The detenu, it is said, is a bootlegger. Apart from the ground case as set out in the

grounds of detention, he had come to adverse notice in two other cases..

The District Magistrate and Collector, North Arcot Ambedkar District at Vellore (first respondent), in exercise of the powers conferred by sub-

section (1) of S.3 of the Tamil Nadu Act 14 of 1982 clamped upon the detenu, the impugned order of detention, in his proceedings

C3/D.O.No.216 of 1994 dated 29.8.1994 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order

and health.

Mr. N. Bhaskar, Learned Counsel appearing for the petitioner would press into service the lone and sole ground, namely, that there was no

proper intimation to the blood relations of the detenu, as respects the place of his detention, within a reasonable time from the date of his detention

and on this short ground alone, he would say, that the impugned order of detention is liable to be set aside.

Mr. I. Subramanian, learned Additional Public Prosecutor would, however, repel such a submission and produce the relevant file for perusal

and consideration of this Court.

From a perusal of the file, we are able to find a communication dated 30.8.1994 emerging from the first respondent-Detaining Authority

addressed to one Dhanapal, brother of the detenu informing him that his brother the detenu had been lodged at Central Prison, Vellore on

30.8.1994 pursuant to an order passed under the Tamil Nadu 14 of 1982 and this sort of a communication had been served on one Padmini, wife

of the detenu on 5.9.1994 due to the said Dhanapal not being available in the house. There is no pale of controversy that the impugned order of

detention had been passed on 29.8.1994 and the same had been executed on 30.8.1994. Thus it is crystal clear that the aforesaid communication

had been served upon the wife of the detenu within five days from the date of his detention at Central Prison, Vellore, pursuant to an order passed

under the Tamil Nadu Act 14 of 1982. In such state of affairs, this Habeas Corpus Petition deserves to be dismissed and the same is accordingly

dismissed.