SUNDARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention dated 09. 05. 2006, detaining her husband by name Soundararajan as 'video Pirate' 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.) AT the foremost, Mr. Abudukumar Rajarathinam, learned counsel appearing for the petitioner, by drawing our attention to the reference made in para No. 5 of the grounds of detention, contended that though the Detaining Authority has very much relied upon the Bail Application and also the fact that the same was pending on the date of passing of the detention order, the Authority was not provided with the said document and the detenu was also not supplied with a copy of the same in spite of the specific request made by way of representation dated 25. 05. 2006. According to him, inasmuch as the Detaining Authority has very much relied on the Bail Application, failure to consider the same by the said authority and non-supply of copy of the document to the detenu would vitiate the detention order.