SURYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the Detention Order passed by second respondent in Detention Order in C.O.C.No.16 of 2019, dated 1.4.2019

(2.) The Sponsoring Authority had recommended for the detention of the Petitioner's husband under Act 14 of 1982 upon a three adverse cases and one ground case and the Petitioner's husband was arrested in the ground case. The Detaining Authority has branded the detenu as a ''Boot-Legger'' and has passed the Detention order, dated 1.4.2019.

(3.) The learned counsel for the Petitioner submitted that the Detention Order was passed based on three adverse cases and one ground case. Admittedly, the detenu is under judicial custody in the third adverse case in Cr.No.13 of 2019 and the bail petition filed by him has been dismissed on 18.3.2019. The Detaining Order refers to only the ground case in Cr.No.68 of 2019 and the bail inpetition that was dismissed by the Magistrate Court and the Sessions Court. There is absolutely no mention regarding the judicial custody or the bail petition filed in the third adverse case. The Detention Order has been passed only on the ground that detenu was granted bail in the second adverse case by this Court. The learned counsel further submitted that the subjective satisfaction has been arrived at without any materials and therefore, the Detention Order is vitiated.