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2003 Supreme(Mad) 435

K.SAMPATH
Prabakaran – Appellant
Versus
State of Tamilnadu rep by its Secretary to Government & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. K. Chandru, S.C. For the Respondents: Mr. I. Subramaniam, P.P.

Judgment :-

Mr. I. Subramaniam, State Public Prosecutor, took notice for the respondents.

2. By consent, the main writ petition itself was taken up.

3. The prayer is for a writ, prohibiting the Special Court, Poonamallee, Chennai 56, for trial of cases under the Prevention of Terrorism Act (hereinafter referred to as 'POTA'), from proceeding with the enquiry with regard to Crl.M.P.No.17 of 2003 in Crime No.1004 of 2002 of Uthangarai Police Station, and all future proceedings in so far as the petitioner is concerned.

4. The petitioner is stated to be a minor aged 15« years and represented by his maternal aunt Nagammal. The circumstances, leading to the proceedings as set out in the affidavit in support of the writ petition, are as follows:

The petitioner was arrested on 24.1.2002 and a case was registered in Cr.No.1004 of 2002, on the file of the Inspector of Police, Uthangarai Police Station, Dharmapuri District, for the alleged offences under Sections 120(B) r/w. 9(B)(1)(b) of the Indian Explosives Act, Sec. 25(1)(a) of the Indian Arms Act, and Sections 4 and 5 of the Explosive Substances Act. The date of birth of the petitioner, as per the School Transfer Certificate, is 11.5.1987.














































































































































































































































































































































































































































































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