NANDA ALIAS NANDA KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE respective petitioners by name Nanda @ Nandakumar and Doss @ Haridoss, who were detained as "goondas" 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 orders both dated 05. 04. 2006, challenge the same in these Petitions.

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

(3.) AT the foremost, the learned counsel for the petitioners submitted that the detaining authority relied on the statements of witnesses alleged to have been made before the sponsoring authority, but copies of the same were not furnished to the detenus and hence, the detention orders get vitiated. He further contended that in spite of the request made, copies of those statements were furnished only on 15. 8. 2006, whereas the detention order was passed on 5. 4. 2006. While elaborating the above contention, the learned counsel for the petitioners has brought to our notice the ground No. 3 in the grounds of detention wherein the detaining authority has stated,