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2003 Supreme(SC) 60

S.RAJENDRA BABU, P.VENKATARAMA REDDI
Darpan Kumar Sharma @ Dharban Kumar Sharma – Appellant
Versus
State Of T. N. – Respondent


JUDGMENT

Rajendra Babu, J.-In this petition filed under Article 32 of the Constitution of India the petitioner is seeking for quashing of an order made under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest offenders, Goondas, Immoral traffic offenders and Slum grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) [hereinafter referred to as the Act ] read with orders issued by the Government on 18th January, 2002 under Section 3(2) of the Act. The petitioner claims to be a resident of Delhi. He does not know Tamil language nor any member of his family is conversant with the said language.

2. The detention of the petitioner is attacked on the ground that a solitary instance mentioned in the grounds of detention is not of such magnitude and intensity as to have the effect of disturbing the public order so as to pass an order under Section 3(1) of the Act; that the petitioner is already in judicial custody and is in jail as an under-trial prisoner and a mere possibility of his release on bail is not enough for the detaining authority to pass the impugned order; that the detention of the petitioner affects his right to life and liberty guar








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