MARKANDAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) All the five petitions in H.C.P. Nos. 1968, 1969, 1970, 1971 and 2021 of 2009 filed on behalf of five detenus were heard together and are being disposed of by this Common Order as the basic allegations are common.

(2.) The orders of preventive detention have been passed in respect of each detenu under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest offenders, Goondas, Immoral Traffic offenders, Sand offenders, Slum Grabbers and Video pirates Act 1982 (Tamil Nadu Act 14 of 1982).

(3.) In the grounds of detention, it is stated that Anandakumar, the detenu in HCP. No. 1970/2009, stored the manufactured crackers on the eve of Deepavali festival in the building of Jaishankar, the detenu in HCP. No. 2021/2009, in Door No. 94, Pallipet - Sholingur Main Road and doing cracker business without any valid licence for possession and sale on 16.10.2009 and at 6.30 pm on the same day, while the business was actively going on in the sale of crackers, suddenly fire broke out and crackers started to blast and people inside the building who were purchasing crackers were unable to come out of the building and the emission of smoke and fire engulfed the entire area and the Policemen and the Fire Service personnel extinguished the fire and collected 32 bodies with 100% burns and the crime has occurred only because there is neither proper licence nor safety measures were followed by the owner of the building Jaishankar, the detenu in HCP. No. 2021/2009, the tenant of the godown viz. Anandakumar, the detenu in HCP. No. 1970/2009 and the workers, namely, Madhanmohan alias Madhu, the detenu in HCP. No. 1968/2009, Babu alias Jagadeesh, the detenu in HCP. No. 1971/2009 and Chandra Babu alias Babu, the detenu in HCP. No. 1969/2009 and all are responsible for the cause of death and on the written complaint by Village Administrative Officer Syed Babu, the Inspector of Police, R.K. Pet Circle, Pallipet Police Station registered a case in Crime No. 427/2009 under Sections 286, 337, 338, 304 IPC read with Section 9(B)(1)(b) of Explosive Act and Sections 3 and 4 of Explosive Substance Act and the detenus were remanded to judicial custody in the said case.