SIVANESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent made on 30.12.2007, in the proceedings in C3./D.O.No.113/2007 terming the friend of the petitioner by name Sivaji as a bootlegger.

(2.) THE affidavit in support of the petition along with the grounds of attack and the detention order under challenge are perused. THE Court heard the learned Counsel for the petitioner.

(3.) ADDED further the learned Counsel that in the instant case, the detenu was actually remanded to custody on 2.12.2007, before the Judicial Magistrate No.IV, Tirupattur, and it has also been subsequently extended till 14.12.2007 and extended to 28.12.2007 and then upto 11.1.2008; but, he was subsequently transferred from the Sub Jail, Tirupattur, to Central Prison, Vellore; that it was not brought to the notice of the detenu; that the authority has not taken into account the said fact of transfer of the detenu from one prison to other, and hence, it is a clear case of non-application of mind.