RAJESH Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner by name Rajesh, 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 24. 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 submit that in view of the fact that the petitioner has not moved any bail petition, there is no imminent possibility of his coming out on bail and this material aspect has not been considered by the detaining authority. Hence, the detention order has to be quashed on the ground of non application of mind.