SURYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ) This Habeas Corpus Petition has been filed by the aunt of the detenu, namely, Eli @ Saravanan, son of Late Sivalingam, aged 24 years, to issue a Writ of Habeas Corpus, to call for the records, in C3.D.O.No.02/2016 dated 04.01.2016, passed by the second Respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982) the Tamil Nadu Act 14 of 1982, branding him as a "Bootlegger", in the Central Prison, Vellore, to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

(2.) We have heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State and we have also perused the records carefully.

(3.) Though the petitioner has raised various grounds, the learned counsel for the petitioner would mainly contend that the detaining authority in paragraph No.3 of the grounds of detention has observed that the detenu was duly produced before the Principal District Munsif -cum -Judicial Magistrate, Vaniyambadi on 09.12.2015, ordered to be remanded till 22.12.2015 and the remand was further extended up 05.01.2016, however, with regard to extension of remand order from 22.12.2015 to 05.01.2016, it is not supported by materials and hence, the order is liable to be quashed on the ground of non - application of mind.