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2002 Supreme(SC) 826

B.P.SINGH, N.S.HEGDE
K. Varadharaj – Appellant
Versus
State Of T. N. – Respondent


JUDGMENT

Santosh Hedge, J.-This appeal involves a very short question for our consideration. The question is : when a person is detained under a Detention Act, is it necessary for the detaining authority to take into consideration any bail application filed by the detenu and any order passed by a criminal court on the said application as a matter of rule, if it is to be held that such placement of the bail application and the order passed thereon is not mandatory in every case then in the facts and circumstances of this case whether such application and orders made thereon ought to have been placed before the detaining authority?

2. The appellant was detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982). Before his detention order was made on 8.11.2001, the appellant was arrested for indulging in the trade of bootlegging. Pursuant to the said arrest the appellant had made an application for grant of bail before the Court of Principal District & Sessions Judge, Dharmapuri. In the said application the Court of Principal District and Ses










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