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2004 (10) TMI 590 - SUPREME COURTValidity of the judgment quashing the order of detention u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 - extraneous matters by the Detaining Authority - HELD THAT:- The factual mistake, committed by the High Court by observing that there was no mention regarding activities being highly dangerous to public order, is not sustainable, in view of the details indicated and clear mention. It was categorically stated that the destruction of ecological system would be highly dangerous to public order. In any event the effect of Section 5A of the Act cannot be lost sight of. The High Court was clearly in error in holding that decision in Mrs. U. Vijayalakshmi's case [1992 (8) TMI 311 - SUPREME COURT (LB)] was distinguishable. The decision in Mrs. U. Vijayalakshmi's case (supra) clearly applies to the facts of the case. It is to be noted that in D. Vijayalakshmi case (supra) this court categorically held that in view of Section 5A of the Act an extraneous and irrelevant ground does not affect validity of the detention order as Section 5A was introduced precisely to take care of such a situation. The impugned judgment in Criminal Appeal involves identical issues. On both aspects factual as well as legal, in both the appeals, the High Court's judgments are not sustainable and are, therefore, set aside. Appeals are allowed
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