SARAVANAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS petition is brought forth by the husband of the detenu challenging the order passed by the second respondent in C. No. 9/G/IS/2010 dated 7.4.2010, whereby the detenu S. Shanthi was ordered to be detained as a "Drug Offender" under the provisions of the Act 14 of 1982.

(2.) THE Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) LEARNED counsel would further add that the detenu has moved for bail application in Crime No. 22 of 2010 before the Special Court for E.C. and N.D.P.S. Act Cases, Coimbatore in C.M.P. No. 207 of 2010 and the same was dismissed on 31.3.2010. The detention order came to be passed on 7.4.2010, but the Authority has stated that there was a real possibility of the detenu coming out on bail. When the detention order was passed on 7.4.2010, not only bail application filed by the detenu was dismissed on 31.3.2010 but also no bail application was pending at that time. It is also pertinent to point out that when the detenu was actually found in possession of 10 kgs. of ganja, ordinarily, bail would not have been granted. In such circumstances, the observation of the Detaining Authority is without any basis or materials much less cogent materials which the law would require. On these grounds, the detention order has got to be set aside.