USHA MARY Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT AND DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner, who is the daughter of the detenue, by name Chithra, who is detained as a ''Bootlegger" 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 12.07.2006, challenges the same in this Petition.

(2.) Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) At the foremost, learned Counsel for the petitioner submitted that pre-detention representations dated 23.06.2006 and 26.06.2006 were not duly considered. He also submitted that it is not clear when these representations were considered and intimated to the petitioner. By pointing out the inconsistency in the English and Tamil version of grounds of detention as well as the counter affidavit filed by the second respondent, the 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.