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Supreme Court - Daily Orders

The State Represented By The Deputy ... vs J Raja @ Rocket Raja on 13 September, 2021

Bench: K.M. Joseph, Pamidighantam Sri Narasimha

     ITEM NO.28                          Court 9 (Video Conferencing)               SECTION II-C

                                   S U P R E M E C O U R T O F            I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.) No. 10257/2018

     (Arising out of impugned final judgment and order dated 10-07-2018
     in HCPMD No. 872/2018 passed by the Madras High Court at Madurai)

     THE STATE REPRESENTED BY THE
     DEPUTY INSPECTOR GENERAL OF POLICE & ORS.                                 Petitioner(s)

                                                      VERSUS

     J RAJA @ ROCKET RAJA                                                      Respondent(s)

     (With IA No. 164324/2018 - EXEMPTION FROM FILING O.T.)

     Date : 13-09-2021 This matter was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE K.M. JOSEPH
                           HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

     For Petitioner(s)
                                       Dr. Joseph Aristotle S., AOR
                                       Ms. Preeti Singh, Adv.
                                       Ms. Ripul Swati Kumari, Adv.

     For Respondent(s)
                                       Mr.    Sanjay R. Hegde, Sr. Adv.
                                       Mr.    Nithin Saravanan, Adv.
                                       Ms.    Arunima Singh, Adv.
                                       Mr.    Karunakar Mahalik, AOR
                                       Ms.    Priyadarshini, Adv.
                                       Ms.    Ridhima Malhotra, Adv.

                            UPON hearing the counsel the Court made the following
                                               O R D E R

The impugned order is an order setting aside the detention of the respondent made under Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Signature Not Verified Digitally signed by Nidhi Ahuja Date: 2021.09.15 Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand 10:36:57 IST Reason: Offenders, Sexual Offenders, Slum-Grabbers, and Video 1 SLP (Crl.) No. 10257/2018 Pirates Act, 1982.

In this case, we notice that the order of detention is dated 09.06.2018. More than three years have gone by after the order of detention. In such circumstances, we do not think that we should go into and pronounce on the correctness of the view taken by the High Court that in view of the delay in passing the order of detention on 09.06.2018 though the respondent was arrested on 09.05.2018, the detention is vitiated. We are not inclined to go into the correctness of the view taken by the Court. With these observations, the special leave petition is disposed of. Pending application stands disposed of.

            (NIDHI AHUJA)                          (ANITA RANI AHUJA)
              AR-cum-PS                           ASSISTANT REGISTRAR




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