SASI ALIAS SASIKUMAR Vs. SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, GOVERNMENT OF TAMIL NADU AND COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner by name Sasi @ Sasikumar, challenges the impugned order of detention dated 10.03.2006, detaining him as "Goonda" 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, 1981 (Tamil Nadu Act 14 of 1982).

(2.) Heard both sides.

(3.) At the foremost, the learned Counsel for the petitioner by drawing our attention to para 4 of the grounds of detention submitted that though bail was granted in respect of Crime Nos. 987/2005, 70/2006 and 73/2006 on the file of J9 Thuraipakkam Police Station, the detaining authority proceeded on the misconception and incorrect fact that the detenu has not moved any bail application so far. In support of the above contention, the learned Counsel has placed the details regarding copy of the bail petition and orders passed therein, which show that the detenu has moved bail application for the first adverse case in Crime No. 987 of 2005 on 07.02.2006 and the same was dismissed by the learned Judicial Magistrate, Alandur at Chennai in Crl.MP. No. 817 of 2006 on 13.02.2006 and again the detenu moved another bail petition on 03.03.2006 and the same was dismissed by the learned Judicial Magistrate, Alandur at Chennai in Crl.MP. No. 1459 of 2006 on 08.03.2006. As rightly pointed out, this fact was suppressed by the sponsoring authority and the detaining authority has come out with incorrect statement, viz., that the detenu has not moved any bail application so far, which amply shows the non-application of mind on the part of the detaining authority.