LAWS(MAD)-2005-8-52

MAHALINGAM Vs. COMMISSIONER OF POLICE

Decided On August 08, 2005
MAHALINGAM Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) THE father of the detenu, namely, Kannan @ Kulla Kannan, challenges the impugned order of detention dated 23.03.2005, detaining him, as "Goonda" 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.) EVEN at the outset, learned counsel appearing for the petitioner, by drawing our attention to paragraph 4 of the grounds of the detention, would submit that inasmuch bail application filed by the detenu was pending on the date of passing of the detention order, the same has not been considered and referred to by the detaining authority and, as such, the order of detention is liable to be quashed on the ground of non-application of mind.

(3.) IN the light of the above factual information, the statement made in paragraph 4 in the grounds of detention, namely, that the detenu has not moved any bail application so far, shows non-application of mind on the part of the detaining authority, which vitiates the ultimate detention order and on this ground, the detention order is liable to be quashed.