SONY JOHN @ SONY @ JEGAN Vs. COMMISSIONER OF POLICE, SECRETARY TO GOVERNMENT PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) The petitioner, by name, Sony John @ Sony @ Jegan, challenges the order of detention dated 07.11.2005, detaining him as "Immoral Traffic Offender" 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 both sides.

(3.) The learned counsel for the petitioner after taking us through the grounds of detention and all other connected materials, at the foremost, 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 that, he brought to our notice that the Detaining authority has relied on the petition of one Venkatesh, which was given on 22.10.2005, well prior to the occurrence in the alleged ground case, i.e., on 31.10.2005 and hence, there is non-application of mind on the part of the Detaining authority.