J SUGANTHI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS Petition challenges an order of detention made by the First Respondent in proceedings No.470 of 2009 dated 19.11.2009 whereby the Petitioner-s husband, namely Appunu @ Jayakumar was ordered to be detained under Act 14/82 branding him as a -Goonda-.

(2.) THE Court heard the learned Counsel for the Petitioner and looked into ell the materials available including the order under challenge.

(3.) SECONDLY, the Sponsoring Authority has placed a Special Report before the Detaining Authority as could be seen from page No.151 of the booklet. A reading of the same would indicate that the Special Report was made on 16.11.2009, where, it was stated that the Bail Application was dismissed on 16.11.2009 itself, but the copy of the order was served on the detenu would indicate, as if the Bail Application was dismissed only on 17.11.2009. Thus, it would be clear that the Special Report was misleading. All the above would suffice to set aside the order since it is vitiated.