VIJAYAKUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, who is the brother of the detenu Sudhakar, has come up with this habeas corpus petition, challenging the detention order passed against his brother by the second respondent, vide proceedings B.C.D.F.G.I.S.S.S.V. No.06/2017 dated 13.01.2017.

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

(3.) Learned counsel appearing for the petitioner submitted that, the though the detaining authority has stated in the detention order dated 13.01.2017 that a case was registered for the IPC offence, he has come to the conclusion that the detenu is a Sand Offender as contemplated as contemplated under Section 2(gg) of the Tamil Nadu Act of 14 of 1982, which shows clear non application of mind on the part of the detaining authority and hence the impugned detention order is vitiated. On this ground the impugned detention order is liable to be quashed.