S MASTHAN REDDY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner / detenu has been branded as an "Immoral Traffic Offender" under the Tamil Nadu Act 14 of 1982 and detained under order of the

(2.) ND respondent passed in BDFGISSV No.829 of 2013 dated 28.08.2013 2. The detenu came to adverse notice in the following case: Sl.No. Police Station and Crime No. Sections of Law Anti Vice Squad Police Station Sections 3(2)(a), 4(1) and Crime No.160 of 2012 5(I)(a) of ITP Act

(3.) AMIDST several grounds raised by the learned counsel for the petitioner to attack the impugned order of detention, he mainly focussed his argument on the ground that that the detaining authority failed to ask clarification from the sponsoring authority about non serving of arrest memo in a proper manner to the family members, relatives or friends of the detenu and there was no proof to show that the intimation of arrest was given, as the arrest was communicated through cell phone to the brother of the detenu, which clearly shows non -application of mind on the part of detaining authority. It is also submitted that the number shown in the arrest memo and the one shown in the special report are slightly different and therefore, on these grounds, the detention order is liable to be quashed.