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Showing contexts for: Sand Offender in E. Subbulakshmi vs Secretary To Government & Ors on 17 November, 2016Matching Fragments
v) The impugned detention order refers to the Government order dated 18th October, 2015 but copy of that document has not been furnished to the detenu, which is fatal to the continued detention of the detenu.
3. Taking the first point urged before us, the same deserves to be stated to be rejected. Inasmuch as the detention order has been issued by the Commissioner of Police in exercise of powers under Section 3(1) read with Section 3(2) of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (for short, 'the Act of 1982'). The grounds of detention served on the detenu expressly mentions that the detention order shall remain in force for 12 days in the first instance. The proposal for confirmation of detention order was considered by the Appropriate Authority (Deputy Secretary to the Government dated 15th December, 2015 read with the order passed by the Deputy Secretary to the Government dated 29th February, 2016). That makes it amply clear that the detention period would continue up to 12 months. The initial detention order, upon confirmation thereof, would remain in force for a period of 12 months. Thus understood, the ground urged by the petitioner to challenge the detention of her son Murugan S/o. Esakkimuthu Thevar is devoid of merit.
10. That takes us to the last ground urged before us about the non-supply of Government order dated 18th October, 2015. This contention has been raised by way of application for urging additional grounds. During the course of arguments, the counsel for the State produced a copy of the Government Order dated 18.10.2015, the same reads thus:-
“ABSTRACT Preventive Detention - Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand-offenders, Sexual-offenders, Slum- grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) – Empowering Commissioner of Police, Chennai under sub-section (2) of section 3 of the Act – Orders- Issued.
NOW, THEREFORE, in exercise of powers conferred by sub-section (2) of section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand-offenders, Sexual-offenders, Slum- grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), the Governor of Tamil Nadu hereby directs that the power to make orders detaining the Bootleggers, Cyber law offenders, Drug-offenders, Forest- offenders, Goondas, Immoral Traffic Offenders, Sand-offenders, Sexual- offenders, Slum-grabbers and Video Pirates under sub-section (1) of section 3 of the said Act shall be exercised by the Commissioner of Police, Chennai in the Chennai City Metropolitan area as specified in the notification issued under section 8 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for a future period of 3 months with effect from the date of issue of this order.
Now, therefore, in exercise of the power conferred on me by sub section (1) of section 3 of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) read with orders issued by the Government in G.O.(D) No.189, Home, Prohibition and Excise (XVI) Department dated 18th October, 2015 and under sub-Section (2) of Section 3 of the said Act, I hereby direct that the said Goonda Thiru Murugan, S/o. Esakki Muthu be detained and kept in custody at the Central Prison, Puzhal, Chennai.