S VALLI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is the wife of the detenu, by name Shanmugham, who is detained as a ''Goonda" as contemplated under Section 3(1) of 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 03.02.2006, challenges the same in this Petition.

(2.) HEARD learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) AS observed earlier, in our case, the first adverse case relates to an offence under Section 302 IPC. Though the said occurrence is said to have taken place in the year 2003, admittedly, the accused-detenu was arrested only on 14.12.2005. While considering the imminent possibility, admittedly the detaining authority has relied on the ground case in Crime No.408/2005 and there is no reference to the other adverse cases, particularly, the first adverse case, which relates to under Section 302 IPC. In such circumstances, we are of the view that the above two decisions relied on by the learned counsel for the petitioners are applicable to the case on hand and we hold that the order of detention passed only with reference to the ground case is vitiated for non application of mind.