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Judgment
P. Sathasivam, J.—The petitioner by name Uma, challenges the impugned order of detention dated 23.01.2006, detaining her husband Ravi
@ Palaniappan, as ""Bootlegger"" u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders,
Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short ""Tamil Nadu Act 14 of 1982"").
Heard both sides.
Even at the foremost, Mr. B. Sriramulu, learned senior counsel for the petitioner submitted that though the Detaining Authority has very much
relied on the orders passed by the Judicial Magistrate, dismissing the bail applications filed by the detenu, while considering the imminent possibility
of being coming out on bail, copies of those orders have not been furnished to the detenu. In such circumstances, according to him, the detenu was
not in a position to make effective representation.
As against the said contention, learned Government Advocate admitted that the orders passed by the Judicial Magistrate, Vedachendur in
Crl.M.P. No. 7060 of 2005, Crl.M.P. No. 32 of 2006 by the District Sessions Judge, Dindigul, Crl.O.P. No. 330 of 2006 by High Court
(Madurai Bench) and Crl.O.P. Nos. 662 and 663 of 2006 by High Court (Madurai Bench) were not furnished to the detenu.
In the light of the admitted factual position and of the fact that those orders have been very much relied on by the Detaining Authority while
arriving a subjective satisfaction and the detenu is most likely to come out on bail, we are of the view that the detenu is entitled to copy of those
orders for making effective representation. Non furnishing of the same obviously vitiates the impugned detention order. On this ground, the
impugned detention order is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the
detenu is directed to be set at liberty forthwith from the custody unless he is required in connection with any other case.