PUSHPARAJ ALIAS SETTU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner by name Pushparaj @ Settu, who was 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 01. 11. 2005, challenges the same in this Petition.

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

(3.) AT the foremost, learned counsel for the petitioner submitted that the detention order is liable to be quashed on the ground of non application of mind on the part of the detaining authority for which he relied on the copy of the First Information Report, which is available at page 27 of the paper book supplied to the detenu and the Accident Register. According to him, though in the FIR it is mentioned as "one person" and even in the Accident Register it is stated "no person", in the statement made by all the persons connected with the crime, it is stated as "known person", the said relevant aspect has not been considered by the detaining authority.