AZHAGU Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to the order of detention passed by the 2nd respondent dated 24.08.2009 whereby the petitioner detenu was ordered to be detained under Act 14 of 1982 branding him as a Goonda as defined under the provisions of the Act.

(2.) THE Court heard the learned Counsel on either side and looked into all the materials available including the order under challenge.

(3.) ADDED further learned counsel so far as the page No.109 in the booklet is concerned, in the special report though the 2nd adverse case of the detenue is Cr.No.619 of 2009, it is mentioned as Cr.No.619 of 2008, which was not related to the petitioner. Under such circumstances, the detaining authority should have called for a clarification, but not done so and hence on both the grounds, the order has got to be set aside.