K. Subramani alias Mani vs The State and others

Venkataswami, J.—Petitioner who has been detained as goonda under the impugned order of detention dated 8.2.1993 has filed this

petition for his release.

Learned Counsel for the Petitioner challenges the order of detention inter alia contending that in adverse instances 7 to 10, the detaining

authority has simply mentioned that in each of the instances the detenu was arrested and there are no further particulars as to what had happened

after arrest. According to the learned Counsel if the detenue was arrested and remanded as per the adverse instance No. 7 on 22.1.1993, he

could not have committed the offence mentioned in adverse instances 8 to 10 or the ground instance. 7th adverse instance was on 22.1.1993, 8th

adverse instance was on 22.1.1993, 9th adverse instance was on 23.1.1993 and 10th adverse instance was on 25.1.1993. The ground and the

last instance was on 1.2.1993. In all the adverse instances, except stating that the detenu was arrested and property recovered, no other

information whether he was released after arrest on bail or he was remanded, was given.

Learned Additional Public Prosecutor after perusing the records was not in a position to give any explanation on this point. In view of the

inability of the learned Additional Public Prosecutor to explain on this aspect, we have to hold that there was non- application of mind on the part

of the Detaining Authority, which vitiates the order of detention. Accordingly, the petition is allowed and the order of detention is quashed. The

Respondents are directed to release the Petitioner - detenu forthwith unless he is liable to be detained for some other cause.