R.HEMA DEVI Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner is the wife of the detenu, Raju, S/o.Arjuna Thevar, who has been detained, under Sub-Section (1) of Section 3 of the 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 (in short 'Tamil Nadu Act 14 of 1982'), pursuant to the order passed by the second respondent, in his proceedings, in P.D.No.48 of 2012, dated 24.09.2012. In view of the detention order passed by the second respondent dated 24.09.2012, the detenu had been lodged in Central Prison, Trichirapalli. The present Habeas Corpus Petition has been filed before this Court, challenging the detention order of the second respondent, dated 24.09.2012.

(2.) THE main contention raised on behalf of the petitioner is that there was no likelihood of the detenu coming out on bail and indulging in activities prejudicial to the maintenance of public order. The learned counsel appearing on behalf of the petitioner had submitted that there were no materials available before the Detaining Authority to arrive at such a conclusion. As such, the Detaining Authority had arrived at the conclusion, without proper application of mind.

(3.) THE learned counsel had pointed out that the Detaining Authority concerned had mentioned about the similar case, in paragraph 5 of the grounds of detention. The relevant paragraph of the grounds of detention reads as follows:-