LAWS(MAD)-2003-11-130

RAJU Vs. STATE OF TAMIL NADU

Decided On November 10, 2003
RAJU Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) As against the petitioner herein, the 2nd respondent, the Commissioner of Police, Greater Chennai, clamped an order of detention as the said authority arrived at a subjective satisfaction that the said detenu is an immoral traffic offender as contemplated under Section 2 (g) of Tamil Act 14 of 1982 and that he has to be detained under Section 3 (1) of the said Act in order to prevent him from indulging in such further activities in future, which are prejudicial to the maintenance of public order under the provisions of the said Tamil Nadu Act 14 of 1982. Challenging the said detention, the present Habeas Corpus Petition has been filed.

(2.) Heard Mr.Venkatasubramanian, learned counsel appearing for the petitioner and Mr.I.Subramanian, learned Public Prosecutor appearing for the respondents.

(3.) The learned counsel for the petitioner contended that the order of detention is vitiated by non-application of mind as the detaining authority has taken into consideration irrelevant and extraneous factors while ordering detention. Nextly it is contended that there is a delay in considering the representation and this has rendered the detention illegal.