LAWS(MAD)-2013-7-213

M LAKSHMANAN Vs. SECRETARY TO GOVERNMENT

Decided On July 31, 2013
M LAKSHMANAN Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The petitioner is the husband of the detenue, who has been branded as a "Bootlegger" as contemplated under the Tamil Nadu Act 14 of 1982 and detained under order of the second respondent passed in BDFGISSV No. 7/2013 dated 22.04.2013. The detenue came to adverse notice in the following cases:--

(2.) Though learned counsel for the petitioner has raised several grounds to assail the order of detention, he mainly focussed his argument on the ground that the detaining authority has failed to take into consideration the nature of the offence and consequential production of the accused before the Magistrate. However, the detaining authority, in paragraph No. 5 of the grounds of detention, has observed that the detenue was produced directly before the Principal District and Sessions Court, Tiruvallur, which shows the total non-application of mind of the detaining authority in arriving at the subjective satisfaction.

(3.) We have heard the learned Additional Public Prosecutor on the above submissions and perused the documents available on record as well as the impugned detention order.