SANTHI GOPINATH Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) The petitioner herein, who is the mother of the detenu viz., Sakthi Shanmugam S/o.Gopinath, aged about 21 years detained in Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dtd. 30/12/2024, slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

(2.) Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

(3.) Though several grounds are raised in this petition, the learned counsel for the petitioner focused mainly on the ground that the subjective satisfaction of the Detaining Authority that the relatives of the detenu are taking steps to take out the detenu on bail, suffers from non-application of mind as the Report filed by the Investigating Officer is not dated. Hence, the learned counsel raised a bona fide doubt as to when the Report was sent by the Sponsoring Authority to the Detaining Authority. Hence, the subjective satisfaction of the Detaining Authority based on this undated document, would vitiate the Detention Order.