KUMAR @ PUNK KUMAR, CHENNAI Vs. STATE, REP. BY SECRETARY TO GOVERNMENT,PROHIBITION AND EXCISE DEPARTMENT,CHENNAI AND THE COMMISSIONER OF POLICE, GREATER CHENNAI, EGMORE,CHENNAI

JUDGEMENT

(1.) The petitioner is the detenu who was detained as 'Goonda' as contemplated under 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) pursuant to the order of the second respondent dated 28.8.2001.

(2.) Even though the learned counsel for the petitioner raised several grounds and argued elaborately, since the order of detention has to be set aside on a sole ground, viz., failure on the part of the detaining authority to consider the pre -detention representation sent by the mother of the detenu, there is no necessity for us either to discuss the facts elaborately or to consider the other points raised by the counsel for the petitioner.

(3.) So far as this ground is concerned, admittedly the mother of the detenu sent a representation to the detaining authority on 13.8.2001, much earlier to the passing of the detention order. The grievance of the detenu is that the said pre -detention representation was not considered by the detaining authority and as such the same vitiates the impugned order of detention.