P. RAJAMANI Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY HOME PROHIBITION AND EXCISE DEPT. THE COMMISSIONER OF POLICE, MADURAI CITY

JUDGEMENT

(1.) THE Petitioner is questioning the validity of the proceedings order No 15/B.D.F.G.I.S./ 2001 dated 10.2.2001 of the second Respondent viz. the Commissioner of Police Madurai city in and by which the Petitioner's son Rajendra Bose has been detained.

(2.) ONE of the grounds raised is that the detention order has to fail since in the said order, the information that as per Section 3(3) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1982 (Tamil Nadu Act 14 of 1982); the detention order shall not remain in force for more than twelve days after making thereof unless in the meantime it has been approved by the State Government and any representation made to the Detaining Authority by the detenu before the said approval will be considered.

(3.) THE question that arises for consideration is whether in the grounds of detention apart from stating that the detenu could make representation to the Detaining Authority so long as the order of detention has not been approved by the State Government. It is necessary that it must also be specifically mentioned that the detention order shall not remain in force for more than twelve days and that if any representation is received by the Detaining Authority before approval, the said representation will be duly considered by the Detaining Authority.