LAWS(MAD)-2014-3-26

LAKSHMINARAYANAN Vs. SECRETARY TO THE GOVERNMENT

Decided On March 04, 2014
LAKSHMINARAYANAN Appellant
V/S
SECRETARY TO THE GOVERNMENT Respondents

JUDGEMENT

(1.) PETITIONER is the friend of the detenu and challenge is made to the order of detention dated 19.08.2013 made in Memo No.726/BDFGISSV/2013, passed by the 2nd respondent under which the detenu has been branded as a 'Goonda' and detained under The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug - Offenders, Forest -offenders, Goondas, Immoral Traffic Offenders, Sand offenders, Slum -Grabbers and Video Pirates Act, 1982, hereinafter referred to as Tamil Nadu Act 14 of 1982.

(2.) AS per the grounds of detention dated 19.08.2013, the detenu came to the adverse notice in the following cases : - <FRM>JUDGEMENT_316_TLMAD0_2014.htm</FRM>

(3.) AMIDST several grounds raised by the learned counsel for the petitioner to attack the impugned order of detention, he mainly focussed his argument that there is non -application of mind on the part of the detaining authority in arriving at a satisfaction to detain the detenu by observing that the bail application moved by the detenu in Crime No.1461 of 2013 is pending before the learned Principal District and Sessions Judge at Chengalpattu and further inferring that there is very likelihood of the detenu coming out on bail by filing bail application for the same Crime No.1461 of 2013 and therefore, the impugned order is vitiated in law.