SUSEELA RATHINASAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to the order of the 2nd respondent, dated 05.02.2010, whereby one R.Karthik Sankar Raja, son of the petitioner, was ordered to be detained under 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, branding him as a "Goonda'.

(2.) THE affidavit and the materials filed in support of the petition, in particular the order under challenge, are looked into. THE Court heard the learned counsel for the petitioner.

(3.) ADDED further the learned counsel that insofar as the ground case was concerned, the detenu was arrested, according to the arrest card, at about 13.45 hours on 23.01.2010 and when requisition was given by the respondent Police for remand to the concerned Judicial Magistrate, it is mentioned in the requisition that the occurrence in the 3rd adverse case had taken place at 18.30 hours on 23.01.2010, which would indicate that the occurrence in the 3rd adverse case had taken place subsequent to the occurrence in the ground case and it was inconsistent to the real state of affairs and in such circumstances the detaining authority should have called for a clarification from the sponsored authority but, he failed to do so and this would clearly show non-application of mind on the part of the detaining authority and on this ground also the impugned orer is liable to be dismissed. ADDED further the learned counsel, there was an unexplained delay in consideration of the representation, dated 22.02.2010, made on behalf of the detenu and hence on this ground also the order of detention has got to be set aside.