DHARMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE point that is taken in this H.C.P.is that the detenu was informed only on 27.8.2001 at 4.40 P.M. About meeting of the Advisory Board on 29.8.2001 and by reason of which the detenu has lost his opportunity to make an effective representation before the Advisory Board. We find considerable force in the submission made by the learned counsel for the petitioner. We heard the learned Additional Public Prosecutor as well and we do not accept the submission that the detenu had sufficient time to make a proper and effective representation.

(2.) IN this view of the matter, the H.C.P. is allowed. The order of detention dated 30.7.2001 passed by the 2nd respondent is set aside. The detenu is directed to be set at liberty forthwith, unless he is required in some other case.