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1992 DIGILAW 608 (MAD)

RAMESH v. STATE OF TAMIL NADU

1992-12-01

SWAMIDURAI, VENKATASWAMI

body1992
Judgment : VENKATASWAMI, J. ( 1 ) THE petitioner was detained as a Goondat under the provisions of Tamil Nadu Act 14 of 1982. ( 2 ) THE order of detention is challenged inter alia on the ground that the detaining authority has not applied his mind to all the facts before reaching subjective satisfaction that the petitioner satisfies the definition of Goondat and, therefore, a detention is warranted. ( 3 ) IT is contended by the learned counsel appearing for the petitioner that two telegrams were sent, one to the Director General of Police and another to the Commissioner of Police (Detaining Authority in this case), stating that Benjamin Raja and others have been kept under police custody without registering any case, that all of them belong to A. D. M. K. Party, and that action must be taken immediately. Those telegrams were redirected to the concerned Inspector and the Inspector seems to have taken action on the copy of the telegram received from the Director General of Police. It is further seen from the records produced before us that the Inspector has investigated the matter and sent a Report on the contents of the Telegrams. While passing the detention order, the detaining authority refers only to the receipt of telegrams, but has not referred to the, Report submitted by the Inspector concerning the contents of the telegrams. According to the learned counsel for the petitioner, the non-supply of that Report of the Inspector of Police and the non-consideration of the same by the Detaining Authority vitiate the detention order. ( 4 ) IN. R. Kumaravel v. District Magistrate and District Collector, Thanjavur, District, a Division Bench of this court, while considering a case of non reference of telegrams, has held that it will vitiate the detention order. ( 5 ) APPLYING the ratio laid down in the said case, we hold that the non-consideration of the Report sent by the Inspector concerning the contents of the telegram and non-supply of a copy of the same to the detenu vitiate the impugned order of detention. The non-consideration and non supply of the Report are not disputed by the learned Public Prosecutor. In these circumstances, we have another go but to quash the order of detention. The non-consideration and non supply of the Report are not disputed by the learned Public Prosecutor. In these circumstances, we have another go but to quash the order of detention. Accordingly, the writ petition is allowed, the order of detention is quashed and the respondents are directed to release the detenu forthwith unless he is required in connection with any other case. Petition allowed.