SARALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is brought forth by the father of the detenu challenging the order of the second respondent in Memo No.163/BDFGISSV/2010 dated 24.03.2010, whereby his son Arun @ Mundakan Arun was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in three adverse cases viz. (i) Crime No.1580 of 2008 registered by D-5 Marina Police Station for the offence under Section 379 of the Indian Penal Code; (ii) Crime No.1642 of 2008 registered by D-5 Marina Police Station for the offences under Sections 341, 323, 394, 427 and 506(ii) of the Indian Penal Code; (iii) Crime No.269 of 2010 registered by D-5 Marina Police Station for the offence under Section 397 of the Indian Penal Code and one ground case in Crime No.285 of 2010 registered by D-5 Marina police station for the offences under Sections 397, 506(ii), 294(b), 341 and 427 of the Indian Penal Code for the incident that had taken place on 9.3.2010 and the detenu was arrested on the very day, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court.