The Madras High Court today quashed the detention order issued by Commissioner of Police, Coimbatore, of a person who allegedly cheated some persons under the guise of taking them to Australia after collecting cash and jewellary from them.
A Division Bench comprising Justice V Dhanapalan and Justice G Chokkalingam quashed the order to detain T Sathishkumar under National Security Act on the ground of absence of cogent materials.
Allowing a petition by Satishkumar, the court directed the detaining authority to set him at liberty unless his custody is required in any other case.
Sathishkumar was arrested by the Criminal Investigation wing of the Tamil Nadu police on September 9, 2013 in Coimbatore following a complaint lodged by one G Vivekanandan of Sri Lankan refugee Camp at Sathyamangalam, in Erode District of cheating.
Coimbatore City Police Commissionr orderded detention of Satish Kumar on October 8, 2013 under the National Security Act.
Satish Kumar challenged the detention order on the grounds that documents of similar case in which other accused got bail was not furnished to him.
The court said "it is true that the detaining authority have expressed subjective satisfaction with regard to the real possibility of the detenu coming out on bail in which he was remanded based on the bail granted by another Magistrate in a similar case.
"But the copy of that order was not furnished to the detenu and there is nothing to show that the bail order was placed before the detaining authority at the clamping of the detention. Hence the subjective satisfaction expressed by the detaining authority is vitiated", the bench said.
