ALIMA BAI Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT AND SUPERINTENDENT, CENTRAL PRISON

JUDGEMENT

(1.) The petitioner, who is the mother of the detenu by name Sathik @ Sathik Basha, who was detained as a "Goonda" 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 order dated 17.8.2005, challenges the same in this Petition.

(2.) Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.

(3.) At the foremost, learned counsel for the petitioner, by drawing our attention to the fact, submitted that though the detenu was arrested and remanded for the offence under Section 302 IPC in Crime No. 34 6 of 2005 on the file of B2 Vishnukanchi Police Station in respect of occurrence that had taken place on 16.7.2005, the detaining authority, while passing the order of detention has not considered the same and merely stated that the ground occurrence in Crime No. 361 of 2005, which is for an offence under Section 307 IPC, arrived a conclusion that there is imminent possibility of his coming out on bail by filing bail application. In other words, according to the learned counsel, when the detenu was already arrested and remanded in graver offence, namely, offence under Section 302 IPC, in respect of 8th adverse case, in the absence of such awareness relating to the same, the passing of the detention order based on the ground case which is for an offence under Section 307 IPC., the ultimate conclusion of the detaining authority is vitiated.