G SARALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the cousin sister of the detenu by name Puttu @ Manivel, who is detained as a "Goonda" under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, immoral Traffic Offenders, Band Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by order dated 5.8.2009, which is challenged in this petition.

(2.) Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

(3.) Learned counsel appearing for the petitioner submitted that as per the confession statement, two cell phones, cash of Rs. 200/- and one soori knife were recovered from the detenu whereas, as per the mahazar, only one cell phone was recovered. He also submitted that the name of the informant in respect of the ground case is wrongly mentioned as Rathinavel in the first information report instead of Selvam and the Detaining Authority had not applied his mind to the same while passing the order of detention and therefore the order under challenge is liable to be set aside.