D MOHANA Vs. STATE

JUDGEMENT

(1.) THE petitioner is the wife of the detenu, who has been detained by the order dated 25. 9. 2004 branding him as a 'goonda'.

(2.) THE learned counsel for the petitioner would submit that the pre-detention representation dated 22. 9. 2004 was sent and the same was received by the Detaining Authority on 23. 9. 2004 and the remarks were called for and without waiting for the remarks and without considering the pre-detention representation, the Detaining Authority passed the order of detention on 25. 9. 2004 and the same would amount to non-application of mind on the part of the Detaining Authority.

(3.) WE have considered the submissions made by the learned counsel on either side and gone through the papers.