MRS. T. DEVAKI vs GOVERNMENT OF TAMIL NADU AND ORS.

The Supreme Court quashed the detention order issued under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Immoral Traffic Offenders and Slum Grabbers Act, 1982, on the grounds of non-application of mind by the detaining authority. The Court held that while the Act does not mandate specifying the detention period, the authority must rely on personal knowledge when present at the scene, rather than solely on the sponsoring authority's report. The Court overruled the precedent set in Commissioner of Police & Anr. v. Gurbux Anandram Biryan, [1988] Supp. SCC 568, affirming that the detaining authority's failure to apply independent judgment invalidated the detention order.