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2018 Supreme(Mad) 1593

S.M.SUBRAMANIAM, S.RAMATHILAGAM
Vediyammal – Appellant
Versus
State of Tamil Nadu, Rep. By its Secretary to Government, Home Prohibition and Excise (XVI) Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. E. Kannadasan.
For the Respondents:Mr. R. Ravichandran Government Advocate.

ORDER :

The present Habeas Corpus Petition has been filed challenging the order of detention passed by the 2nd respondent dated 16.01.2018 in his office reference No. S.C.No.01/2018 against the petitioner's husband Thiru.Babu, S/o. Pachiyappan. One adverse case was registered against the detenue on 11.01.2018 in PS Crime No.16/2018 under Section 294(b), 353 and 506(ii) of Indian Penal Code. The said adverse case also in relation to the “sand smuggling” in a tipper mini lorry. The ground case also has been registered on the same day on 11.01.2018 by the Inspector of Police, Krishnagiri Thaluk Circle. The ground case also in connection with the “sand smuggling” in mini tipper lorry. The detaining authority came to the conclusion that the detenue is in the habit of indulging in such activities of “sand smuggling”, which is prejudicial to the maintenance of the public order and public health. In other words, the detenue has been declared as a habitual sand offender and therefore, the detaining authority had taken a decision to inflict the provisions of Act 14 on the detenue.

2. The learned counsel appearing on behalf the petitioner contended that there is an enormous delay in considering























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