K SARASWATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE wife of the detenu, namely, Karuppusamy, challenges the impugned order of detention dated 21/3/2005, detaining him, as "boot-legger" under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short "tamil Nadu Act 14 of 1982" ).

(2.) HEARD both sides.

(3.) THE learned counsel appearing for the petitioner by drawing our attention to the complaint made against the detenu and the remand order would submit that the impugned detention order is liable to be quashed on the ground of non-application of mind on the part of the detaining authority. It is seen that ground case has been filed in respect of offences under Section 4 (1) (aaa) r/w 4 (1-A) of T. N. P. Act, 1937. But in the remand order dated 29. 01. which finds place at page no. 43 of the paper book, the learned Judicial Magistrate No. II, Mayiladuthurai, has recorded as,