LAWS(MAD)-2006-10-64

VARADHAN Vs. SECRETARY TO GOVERNMENT

Decided On October 12, 2006
NAMESVARADHAN Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THE petitioner, who is the father of the detenu, by name Logu @ Loganathan, 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. 07. 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.) AT the foremost, the learned counsel for the petitioner, by drawing our attention to the remand order, which is available at page 143 of the paper book supplied to the detenu, has contended that the English version of the said document and the translated copy of the remand order, which is available at page 147, made the detenu confused because of the reference made to two different Courts viz. , Judicial Magistrate, Alandur and V Metropolitan Magistrate, Egmore, Chennai, which prevented him in making effective representation. We have verified both the documents available at pages 143 and 144 of the paper book supplied to the detenu. Though the learned Additional Public Prosecutor has submitted that the accused surrendered before the V Metropolitan Magistrate, Egmore, Chennai, and the same learned Magistrate remanded him till 13. 06. 2006, as rightly pointed out by the learned counsel for the petitioner, a reading of the said order undoubtedly would confuse the mind of the detenu. There is no clarification or explanation by any one either in the detention order or in the subsequent reply by the Government. We also accept the above contention.