IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Shifana Rosemeen W/o.Mohammed Siddique – Appellant
Versus
The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009 – Respondent
| Table of Content |
|---|
| 1. challenge to detention order and grounds for subjective satisfaction. (Para 1 , 2) |
| 2. assessment of reliance on bail precedents and validity of evidence. (Para 3 , 4 , 5) |
| 3. outcome directing release unless required for other cases. (Para 6 , 7) |
For Petitioner(s): Mr.S.Senthilvel For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. M.Sylvester John Advocate ORDER (Order of the Court was made by Sunder Mohan J.)
The wife of the detenu has challenged the detention order passed against the detenu branded as a Drug Offender under Tamil Nadu Act 14 of 1982 . The detaining authority has found two adverse cases against the detenu. In the ground case, the detenu was found in possession of 77.88 grams of methamphetamine and 450 grams of ganja.
2. Learned counsel for the petitioner would submit that the subjective satisfaction of the detaining authority that the detenu is likely to come out on bail is vitiated for two reasons:
Firstly, the subjective satisfaction was arrived at on the basis of an undated statement said to have been made by the relative of the detenu and secondly, the detaining authority had relied upon an order passed in Crl.M.P.N
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