IMPORTANT POINT
In the matter of passing detention orders, unless the power is specifically provided under the statute, the authorities cannot pass an order of detention, as otherwise, it would offend Articles 21 and 22 of the Constitution of India.

ORDER

P.D. Dinakaran, J.—The order of detention dated 4.4.2007 passed by the first respondent herein in CPO/TC/IS/NSA/DO No. 7/2007 against one Raju, son of Palani @ Palani Chettiyar, in exercise of the powers conferred under Section 3 of the National Security Act, 1980 (Central Act, 65 of 1980) read with the orders issued by the Government in G.O. Ms. No.73 Public (Law and Order (F-Department dated 11.1.2007 under sub-section (3) of Section 3 of the said Act, is being challenged in this petition by the wife of the said Raju, seeking to issue Writ of habeas corpus calling for the records in connection with the detention order made in CPO/TC/IS/NSA/D.O. No.7/2007 dated 4.4.2007 and to quash the same and to direct the respondents to produce the detenu Raju, now detained in Central Prison, Tiruchirapalli and set him at liberty.

2.1. The ground case, on the basis of which the detaining authority viz., the Commissioner of Police, Tiruchirappalli City, passed the impugned detention order is that one Arulseelan was found in a suspicious manner and a sum of Rs.10,00,000 was recovered. He could not account for possession of such amount, nor he could account for his presence at the place in the early morning and also he failed to produce valid document. Thereafter, he was arrested and his confession statement was recorded. In the confession, he stated that one Ragulan @ Antony, a known LTTE Cadre, procuring and smuggling explosive materials and other essential commodities from the soil of India to Sri Lanka, had given him the money with an instruction to hand over the same to a person in Madurai for procuring iron balls (for being used to make explosives and bombs). The said Arulseelan further confessed that he had already given Rs.10,00,000 on a previous occasion to a person in Madurai as instructed by Ragulan @ Antony, to procure iron balls for LTTE, though he was aware that the organisation was banned in India. Later, it was known that the amount of Rs.10,00,000 was brought by one of the accused Pradheepan @ Thillai @ Dheepan, who received the amount from another accused Idayathullah of Chennai and handed over to Ragulan @ Antony at the house of Arulseelan.

2.2. A case was registered in Crime No.1 of 2007 under Section 102. Cr.P.C., Section 120B I.P.C., Sections 10 and 13(1)(2) of Unlawful Activities (Prevention) Act, 1967, Section 14 of the Foreigners Act and Section 5 of the Explosive Substances Act. Thereafter, the accused Arulseelan, after being produced, was remanded by the Magistrate. During investigation, accused Regulan @ Antony was arrested on 7.3.2007 and remanded to judicial custody. On the basis of his voluntary confession statement, police party proceeded to Perambalur and recovered 4.5 tonnes of iron balls meant for despatch to LTTE, a banned outfit in India, and arrested his associates Pradheepan @ Dheepan @ Thillai and Bakeerathan, both of them are LTTE cadres and Idayathullah of Chennai on 7.3.2007. In his confession, Ragulan @ Antony further confessed that he illegally ferried explosive materials to Sri Lanka in the year 2004 with the one Raju. During investigation, the said Raju, the detenu herein, was arrested on 8.3.2007 and remanded to custody.

2.3. The other recitals in the grounds of detention indicate the procurement of iron balls, stocking of such materials in some places and sending those materials to Sri Lanka. On the basis of these facts, the detaining authority has concluded:

“10. Hence, I am satisfied from the materials placed before me in the above case that the accused Raju has knowingly helped the LTTE, a banned organisation in India, for procuring materials and smuggling them to Sri Lanka clandestinely and thereby acted in a manner prejudicial to the security of the State, the relations of India with foreign country and maintenance of public order.

11. Investigation reveals that the iron balls seized from the accused in this case are used for making bombs by the LTTE. Illicit transportation of su