(1.) THE petitioner by name Muniammal, challenges the impugned order of detention dated 10.11.2005, detaining her son, D. Ravi, 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.) HEARD both sides.
(3.) COMING to the first contention, viz., non-application of mind on the part of the detaining authority by not referring other crime numbers except Crime No.892 of 2005, we verified the relevant paragraph, viz., para 4 of the grounds of detention. It is true that the detaining authority has taken note of the fact that the detenu was in remand in Crime No.892 of 2005 of S.15 Selaiyur Police Station. He also referred to the bail application Crl.M.P.No.10220 of 2005 moved before the Judicial Magistrate, Tambaram. The learned counsel for the petitioner has brought to our notice the remand requisition made by the Sponsoring authority and the order passed by the Judicial Magistrate, Tambaram dated 14.10.2005. It is true that in the requisition, the Inspector of Police, Seliayur has not only mentioned the Crime No.892 of 2005 relating to the ground case, but also referred to other four Crime Numbers, viz., Cr.Nos.874 of 2005, 879 of 2005, 883 of 2005 and 890 of 2005. Likewise, the order of the Judicial Magistrate, Tambaram dated 14.10.2005 refers all the above mentioned crime numbers. It is also brought to our notice that even in the special report dated 05.11.2005 the Inspector of Police has referred to all the above five crime numbers. It is the claim of the learned counsel for the petitioner that in such circumstances it is but proper on the part of the detaining authority to refer all the five crime numbers mentioned in the documents stated earlier. According to him, in the absence of the same, it is presumed that the detaining authority has not applied his mind and verified the fact regarding those crime numbers and hence, the detention order passed by him cannot be sustained.