LAWS(MAD)-2006-2-17

PERIYASAMY Vs. STATE OF TAMIL NADU REP

Decided On February 13, 2006
PERIYASAMY Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner by name Periyasamy, who was detained as a ' 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) by the impugned detention order dated 29. 08. 20 05, challenges the same in this Petition.

(2.) HEARD the learned counsel for the petitioner as well as learned government Advocate for the respondents.

(3.) AT the foremost, the learned counsel appearing for the petitioner by drawing our attention to the reference made in the mahazar, which is available at page 41 of the booklet relating to the number of samples taken for chemical examination and the statement made by the detaining authority in para 3 of the grounds of detention would contend that in view of discrepancy, the ultimate order passed by the detaining authority is liable to be quashed on the ground of nonapplication of mind.