INDIRA Vs. STATE

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the first respondent, dated 12.7.2011, made in H.S.(M) Confdl No. 7/2011, and quash the same, and to produce the detenu, namely, Thamban, son of Chinthamani Thevar, aged about 36 years, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty.

(2.) The petitioner has stated that the first respondent had passed the impugned detention order, dated 12.7.2011, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D) No. 89, Home, Prohibition and Excise (XVI) Department, dated 18.4.2011, under subsection (2) of Section 3 of the said Act, directing the detention of Thamban, in the Central Prison, Palayamkottai, terming him as a 'Goonda'.

(3.) Even though various grounds had been raised in the Habeas Corpus Petition filed by the petitioner, the learned counsel appearing on behalf of the petitioner had placed emphasis on the grounds, mentioned hereunder, while stating that the impugned detention order passed by the Detaining Authority is bad in the eye of law. He had submitted that there was clear non-application of mind, on the part of the Detaining Authority, while passing the detention order against the detenu.