VANITHA Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) The petitioner is the wife of the detenu, Murali, son of Subramani, aged about 31 years. The detenu has been detained by the second respondent by his order in D.O.No.32/2019-C2 dated 22.05.2019 holding to be a "Sand Offender", as contemplated under Section 2(gg) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(3.) The main argument of the learned counsel appearing for the petitioner is that the case relied on by the detaining authority is not similar in nature and the offences in the ground case are totally different. Therefore, the likelihood of the detenu coming out on bail is not there and the subjective satisfaction arrived by the detaining authority is not proper.