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2009 Supreme(Mad) 5684

M.CHOCKALINGAM, V.PERIYA KARUPPIAH
Sathish – Appellant
Versus
State rep. by Secretary to Government, Home Prohibition and Excise Dept. , Secretariat, Chennai & Another – Respondent


Advocates appeared:
For the Petitioner:S. Swamidoss Manokaran, Advocate.
For the Respondents: R1 & R2, V.R. Balasubramanian, Addl.P.P.

Judgment

M. CHOCKALINGAM, J.

Challenge is made to an order of detention made by the second respondent herein dated 010. 2009 in Memo No.359/ 2009, whereby the petitioner Sathish was ordered to be detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act 1982 (Tamil Nadu Act 14 of 1982), terming him as an Immoral Traffic Offender since his activities were prejudicial to the public order and health.

2. The affidavit in support of the petition along with all the materials including the order under challenge are perused. The Court heard the learned Counsel for the petitioner.

3. It is not in controversy that pursuant to the recommendations made by the sponsoring authority that the said Sathish was involved in two averse cases, namely, (i) Anti Vice Squad Police Station Crime No.47/2009 dated 24.06.2009 under Sections 4(1), 5(1)(a) of ITP Act and (ii) Anti Vice Squad Police Station Crime No.63/2009 dated 08.08.2009 under Sections 3(2)(a), 4(1), 5(1)(a) of ITP Act and apart from that, one ground case was also registered in Crime







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