SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) The detention order dated 4.10.2003 branding the detenue as a "Bootlegger" is challenged before this Court in this Habeas Corpus Petition filed by the niece of the detenue.

(2.) The two grounds that have been urged assailing the impugned order are :- i) The detention order has been passed on 4.10.2003. The pre-detention representation dated 27.9.2003, which was received on 29.9.2003 by the Detaining Authority, has not been placed. Even then, the Detaining Authority has not chosen to refer to or rely upon while arriving at a subjective satisfaction for passing the detention order. ii) The bail application filed on 25.9.2003 in respect of the ground case on the basis of the instruction given by the Sponsoring Authority, the Public Prosecutor stated no objection for grant of bail on 7.10.2003 and on the basis of no objection, the lower court granted bail and on the other hand, on the basis of the report filed by the Sponsoring Authority, the Detaining Authority passed the order of detention on 4.10.2003. So, in view of the different stand taken by the Sponsoring Authority before the two different fora, the detention order cannot be said to be valid.

(3.) We have heard the learned counsel for the petitioner on these points and the learned Additional Public Prosecutor as well.