LAWS(MAD)-2006-9-99

KADHIR ALIAS RAVI Vs. STATE OF TAMIL NADU

Decided On September 25, 2006
KADHIR Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner, by name Kathir @ Ravi, challenges the impugned order of detention dated 31. 03. 2006, detaining him 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 the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

(3.) AT the foremost, the learned counsel appearing for the petitioner, by taking us through para 4 of the grounds of detention, submitted that when the detaining authority was very well aware that the detenu has not moved any bail application so far and in the absence of any material, there is no need to pass the detention order. He also submitted that in the absence of material, the subjective satisfaction said to have been arrived by the detaining authority cannot be accepted.