SAROJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who has been detained as a bootlegger under Tamil Nadu Act 14 of 1982, has filed this writ petition for the issue of a writ of habeas corpus.

(2.) THE learned counsel for the petitioner challenges the order of detention contending inter alia that the detaining authority has stated in the grounds of detention order that the petitioner was arrested and released on bail by the police. THEre was no material before the Detaining Authority to make such a statement. This statement has been made in the process of arriving at subjective satisfaction to clamp the order of detention. THErefore, according to the learned counsel for the petitioner, the detention order is vitiated.