YOGA ALIAS YOGARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has challenged the order of detention dated 11.4.2003. The detenu has been classified as Goonda.

(2.) The submission of the learned counsel for the petitioner is that in the original order made in English, the detaining authority has stated that the act was committed in the busy evening time in busy area very near to Railway Station. The detaining authority has referred to the incident which took place at Jones Road, Saidapet very near to Saidapet Railway Station and according to the detention order the incident took place on 28.3.2003 at about 8 hours in the morning. However, in the English order, it is mentioned that in the busy evening time the incident has occurred. It is stated in the other order in Tamil version that the incident took place in the morning time. Learned counsel for the petitioner submitted that there is non-application of mind on the part of the detaining authority as in the English order he has stated that the incident took place in the busy evening time, but in the Tamil order, he has stated that the incident took place in the morning time.

(3.) Learned Government Advocate submitted that no prejudice has been caused to the detenu as the incident has actually taken place in the morning, which is referred to in the order in Tamil version, but only in English version it is stated that the incident took place in the evening but in all other documents, the time has been specified and no prejudice has been caused to the detenu to make an effective representation. He further submitted that 'the busy evening time' in the English version is a mere typographical error and it does not vitiate the order of detention passed by the detaining authority.