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october 2004

Supreme Court of India · 2004-10-11

State Of T.N. & Anr vs Kethiyan Perumal

Citation / case number
AIR 2005 SUPREME COURT 160
Court
Supreme Court of India
Petitioner
State Of T.N. & Anr
Respondent
Kethiyan Perumal
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the Madras High Court erred in quashing the detention order under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, as it failed to consider the Forest Officer's report which indicated that the detenu's activities were prejudicial to public order. The Court emphasized that the grounds for detention are separable under Section 5A of the Act, and even if one ground fails, the detention can still be upheld based on residual grounds. The Court reinstated the detention order, highlighting the importance of the confessional statement and the factual context surrounding the detenu's activities.

State Of T.N. & Anr vs Kethiyan Perumal · Niyam