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2006 Supreme(SC) 580

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
State Of T. N. – Appellant
Versus
Alagar – Respondent


JUDGMENT

Arijit Pasayat, J. — Challenge in this Appeal is to the judgment rendered by a Division Bench of the Madras High Court quashing the order of detention passed by the District Magistrate and Collector, Virudhunagar, Tamil Nadu under Section 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 the Act).

2. The order of detention was passed as the respondent was identified as a "Goonda" as defined in the Act. It was indicated in the order of detention that it had come to the notice of the detaining authority that a large number of cases were registered against him and on 27.4.1998 he acted in a manner prejudicial to the maintenance of public order. The order of detention was challenged before the High Court by filing a petition under Article 226 of the Constitution of India, 1950 (in short the Constitution). The only plea taken was that the sponsoring authority had sworn to an affidavit dated 15.6.1998 and had forwarded the same to the detaining authority with the material for consideration of the detaining authority. In the said affidavit there could










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