S SEBASTIN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE detenu by name S. Sebastin who was detained under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling activities Act by the impugned proceedings dated 28. 6. 2005, challenges the same in this petition.

(2.) HEARD the learned Senior counsel for the petitioner as well as the Additional Public Prosecutor for respondents 1 and 3 and Mr. P. Kumaresan, learned Additional Central Government Standing Counsel for the second respondent.

(3.) THOUGH several grounds have been raised in the affidavit questioning the impugned order of detention,at the foremost, learned Senior counsel appearing for the petitioner would project that in view of the fact that the detenu was a remand prisoner and no application for bail was filed and in the absence of any material, the detaining authority is not justified in satisfying himself that "there is imminent possibility of releasing the detenu on bail". Accordingly, the detention order is liable to be quashed on the ground of non-application of mind.