LAWS(MAD)-2005-4-94

S BALRAJ ALIAS BALU Vs. STATE OF TAMILNADU

Decided On April 18, 2005
S.BALRAJ ALIAS BALU Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE detenu by name S. Balraj @ Balu, who was detained by the impugned detention order, dated 24. 5. 2004, passed under Section 3 (1) (ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), challenges the same in this Habeas Corpus Petition.

(2.) HEARD learned Counsel for petitioner, learned Additional Public Prosecutor for R-1 and R-3 and learned Additional Central Government Standing Counsel for R-2.

(3.) THOUGH several contentions have been raised questioning the impugned order of detention, learned counsel appearing for the Petitioner at the foremost contended that the detention order is liable to be quashed on the ground of non-application of mind on the part of the Detaining Authority.