LAWS(MAD)-2006-2-51

PUSHPA Vs. STATE OF TAMIL NADU

Decided On February 27, 2006
PUSHPA Appellant
V/S
COMMISSIONER OF POLICE, GREATER CHENNAI Respondents

JUDGEMENT

(1.) THE petitioner, who is the mother of the detenu by name Joseph, who was detained as a 'goonda' as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by the impugned detention order dated 22. 06. 2005, challenges the same in this Petition.

(2.) HEARD learned counsel for the petitioner as well as learned government Advocate for the respondents.

(3.) AT the foremost, learned counsel appearing for the petitioner, by drawing our attention to paragraph 4 of the grounds of detention, would contend that the detaining authority has noted that the detenu Joseph was in remand in C4 Thuraipakkam Police Station in Crime Nos. 385/2005 and 387/2005 and that he has not moved any bail petition so far. In the absence of any material that the remand of the detenu in respect of Crime No. 385/2005 was subsequently extended, the satisfaction arrived at by the detaining authority cannot be accepted and on this ground, he prays that the impugned order is liable to be quashed.