AAJARA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER is the wife of the detenu by name Mohammed Basheer @ Basheer @ Basheeran, who was detained as drug offender under sub-section (1) of section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by the impugned proceedings dated 03. 03. 2005 and she challenges the same in this petition.

(2.) AFTER taking us through the grounds of detention and all other connected materials, the learned counsel appearing for the petitioner has raised the following contentions;

(3.) WE have carefully considered all the above contentions and we answer hereunder; in so far as the first contention relating to failure to consider the dismissal of the bail application dated 28. 02. 2005 is concerned, no doubt, the bail petition was filed before the Economic Offences Court, Coimbatore on 22. 02. 2005 and the same was dismissed by the Presiding Officer on 28. 02. 2005. The learned counsel appearing for the petitioner, heavily relying on the reasons stated in the last paragrah of the said order vehemently contended that the sponsoring authority ought to have placed the same before the detaining authority and in turn, the detaining authority ought to have considered the same one way or the other and failure to do the same, vitiates the contention order.