DEVI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent made on 6.12.2007, whereby the petitioner's husband Sudhakar @ Sudha was termed as a goonda, and detained under Act 14/82.

(2.) THE Court perused the order under challenge along with the grounds on which it is being challenged. Heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor on the contentions.

(3.) ADDED further the learned Counsel that according to the sponsoring authority, the occurrence in Crime No.781/2007 has actually taken place on 13.11.2007; but, the copy of the FIR which was placed before the detaining authority would clearly indicate that the Inspector of Police has signed the FIR only on 12.11.2007. The learned Counsel would further add that these are all vital material particulars in which discrepancies were found; that if to be so, the detaining authority should have called for an explanation, but failed to do so, which would clearly indicate the non-application of mind, and hence, it has got to be set aside.