DHARANIAMMA Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the mother of the detenu, who has been branded as a "Sand Offender" as contemplated under the Tamil Nadu Act 14 of 1982 and detained under order of the second respondent passed in BDFGISSV No. 58 of 2013 dated 05.04.2013. The detenu came to adverse notice in the following cases:-

(2.) The learned counsel for the petitioner has raised two important grounds to assail the order of detention. The first ground is that there is a variation between the English and Tamil version of the grounds of detention. The next ground raised by the learned counsel is that the detaining authority has arrived at the subjective satisfaction in total non-application of mind that the detenu may be released on bail since he was earlier granted bail and anticipatory bail for the alleged commission of offences under Sections 430 and 379 IPC, but whereas in the ground case, apart from the above said offences, he is also implicated for offences under Sections 353, 307 IPC r/w 3(i) of TNPPDL Act and 21(i) of Mines and Minerals Act. Therefore, the order under challenge is vitiated.

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