MEENA Vs. SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The mother of the detenu is before this Court challenging the proceedings in BDFGISSV No. 861/2013, dated 30.08.2013 on the file of the 2nd respondent, seeking to quash the same and for a direction to the respondents to set him at liberty from detention. The detenu came to adverse notice in the following cases: <FRM>JUDGEMENT_372_LAWS(MAD)4_2014_1.html</FRM>

(2.) The main thrust of the arguments of the learned counsel for the petitioner is that there is no application of mind by the detaining authority while placing reliance on the remand order as to the date of remand and extension of remand. He would submit that the detenu was produced before the Judicial Magistrate-II, Ponneri and was remanded till 23.08.2013. Later, the remand was extended till 06.09.2013. But, the detaining authority has observed in his order that the detenu was initially remanded till 22.08.2013 and the remand period was extended till 05.09.2013. Therefore, the subjective satisfaction arrived at by the detaining authority is not proper and in accordance with law.

(3.) We have heard Mr. M. Maharaja, learned Additional Public Prosecutor on the above point and perused the records.