JEYAMARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge is made to the order of detention passed by the second respondent in Cr.M.P.No.14/2010 (SAND OFFENDER) dated 09.03.2010 whereby the petitioner's husband by name V.Kumar was ordered to be detained under the provisions of 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, terming him as a "Sand Offender'.

(2.) This Court heard the learned counsel for the petitioner and looked into all the materials available, in particular, the order under challenge.

(3.) Added further the learned counsel for the petitioner that there were two representations made by the detenu, one on 10.03.2010 to the Detaining Authority and the other on 11.03.2010 to the first respondent-State, but the order of confirmation was made on 23.04.2010, which would indicate that the representation made to the second respondent on 10.03.2010 was actually not placed before the first respondent and therefore, it vitiates the order of detention under challenge, according to the learned counsel for the petitioner.