PUSHBARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 23. 01. 2006, detaining him as Bootlegger 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 ).

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

(3.) LEARNED counsel appearing for the petitioner has brought to our notice a Division Bench decision of this Court, dated 18. 10. 2004, made in HCP No. 898 of 2004. In that case, the Division Bench, after pointing out the discrepancy, viz. , 500 ml. in the order of the Detaining authority and 510 ml. in the chemical analysis report; and after finding that there was no clarification by the Sponsoring Authority; quashed the detention order on the ground of non application of mind on the part of the Detaining authority. We are of the view that the said decision is directly on the point. Accordingly, we accept the contention raised by the learned counsel for the petitioner. In the absence of any clarification by the Sponsoring Authority, we hold that there is no proper application of mind on the part of the Detaining authority while passing the detention order.