JUDGMENT (Dr. ARIJIT PASAYAT, J.)

1. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court allowing the Habeas Corpus Petition filed by the respondent questioning the order of detention i.e. Detention Order 519/BDFGIS/99 dated 9.7.1999 passed by the Commissioner of Police, Chennai.

2. Background facts in a nutshell are as follows:

The respondent (hereinafter referred to as the `detenu) was detained under sub-section (1) of Section 3 of 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). The only point urged before the High Court was that an order of detention was passed on 9.7.1999 and on 6.7.1999 the mother of the detenu had sent a representation to the Chief Minister of Tamil Nadu. A copy of the representation was marked to the Director General of Police, Chennai, the Advisory Board under the Act as well as the Chief Justice of the High Court. It was, therefore, submitted that there was evidence of dispatch of the representation and since it was not considered by the detaining authority the order of detention was bad.

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