2017 (9) TMI 1980 - HC - Indian Laws

Detention of detenue - allegation of Drug Offender as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982 - HELD THAT - In the subject case also the detaining authority has actively participated in the process of sponsoring the name of the detenu for detention by attesting the affidavit filed by the sponsoring authority and it is sufficient to set aside the orders of detention on the ground of pre- determination. The Habeas Corpus Petition is allowed and the order of detention passed by the second respondent is set aside.

Summary

Issues Involved: Challenge to detention order based on pre-determination by the detaining authority.

Analysis:
1. The petitioner, a detenu, challenged the detention order issued by the second respondent under the Tamil Nadu Act 14 of 1982, holding him as a "Drug Offender."
2. The petitioner's counsel focused on the ground of pre-determination, highlighting that the affidavit filed by the sponsoring authority was attested by the detaining authority.
3. The learned Additional Public Prosecutor argued that the detention order was based on sufficient materials and should not be interfered with.
4. The Court cited a previous judgment where it was held that the Detaining Authority must act independently and not prejudge the issue before considering the materials presented by the sponsoring authority.
5. The Court found that in the present case, the detaining authority had actively participated in sponsoring the detenu for detention by attesting the sponsoring authority's affidavit, indicating pre-determination.
6. Consequently, the Court allowed the Habeas Corpus Petition, setting aside the detention order and directing the detenu's release unless required in connection with another case.