K.VARADHARAJ vs STATE OF TAMIL NADU

The Supreme Court held that under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, it is mandatory for the detaining authority to consider any bail application and the corresponding order before making a detention order. The Court found that the detaining authority's failure to consider the bail application and order, as established in M. Ahamedkutty v. Union of India & Anr. (1990 2 SCC 1), vitiated the order of detention. Consequently, the Court set aside the detention order and directed the release of the appellant.