KALA Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONER is the wife of the detenu by name Ravi, who was detained as a bootlegger 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 19. 11. 2004, and she challenges the same in this habeas corpus petition.

(2.) THIS is a second petition challenging the very same detention order. We have verified the earlier order passed by this Court dated 02. 03. 2005 in HCP. No. 35 of 2005, wherein the same was dismissed only on the ground that there was no inordinate delay in considering the representation of the detenu. No other point had been urged or considered.

(3.) IN the present petition, learned counsel appearing for the petitioner, while drawing our attention to the reference made in para 5 of the grounds of detention, would submit that the detention order is liable to be quashed on the ground of non-application of mind by the detaining authority. The said relevant portion reads as under: