1992 (8) TMI 311

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....of the Tamil Nadu Prevention of Dangerous Activities of Boot Leggers, Drug Offenders, Forest Offenders, Forest Offenders, Gundas, Immoral Traffic Offenders, and Slum Grabbers Act (XIV fo 1982), hereinafter called the Act, is question on the aforesaid two grounds. The detention order as well as the grounds of detention are dated 6th May, 1992. Before we deal with the grounds of challenge we may refer to some of the provisions of the Act which have relevance. 2. The Act was enacted with a view to provide for preventive detention of certain clases of offenders including forest offenders to prevent them from indulging in inter alia activities prejudicial to the maintenance of public order. Section 2(a) defines the expression 'acting in a....

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....therefore, a forest-offender within the meaning of Section 2(ee) of the Act. After his detention the detenu made a representation dated 11th May, 1992, against the impugned detention order. This representation was handed over to the Jail Authorities who forwarded the same to the State Government. The State Government received the representation on 18th May, 1992 and conveyed the rejection thereof on 23rd June, 1992 which was received by the detenu on 26th June, 1992. The learned Counsel for the detenu, therefore, contends that an inordinately long delay had taken place in dealing with the representation and hence the detenu is entitled to have the detention order quashed. In the counter affidavit filed by the Deputy Secretary to the State G....

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....ion was passed after he was found to have indulged in similar activity on 1st May, 1992. As is clear from the explanation to Section 2(a) extracted earlier, widespread danger to the ecological system must be deemed to affect public order adversely within the meaning of that expression in Section 2(a) of the Act. Counsel submitted that although it is asserted in paragraph 4 of the grounds of detention that the illicit cutting and removal of sandal wood trees from the reserved forest area causes widespread danger to the ecological system and disturbs the delicate equilibrium thereof, there is nothing on record to show that this assertion is well-founded. We are afraid we cannot accept this submission made by the learned Counsel for the detenu....