M THAILNAYAGI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to an order passed by the second respondent dated 26.9.2009 in C1/D.O/49/2009, whereby the petitioner's son Murugan was ordered to be detained under the Act 14 of 1982 terming him as "Goonda" as defined under the provisions of Tamil Nadu 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.) ADMITTEDLY, an order of detention came to be passed by the second respondent on 26.9.2009 in C1/D.O/49/2009, after terming the detenu as "Goonda". Law would expect that before making an order of detention, the Detaining Authority has to arrive at the subjective satisfaction. In the instant case, no bail application was filed by the petitioner in Crime No.438 of 2009, but the Authority has stated as follows:-