R JOSEPH RAMAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) Challenge is made to the order of the 2nd respondent, dated 30.01.2010, whereby the petitioner by name Joseph, S/o.Raman, was ordered to be detained under 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, terming him as a "Goonda'.

(2.) The affidavit and the materials filed in support of the petition, in particular the order under challenge, are looked into. The Court heard the learned counsel for the petitioner.

(3.) It is not in controversy that pursuant to the recommendations made by the Sponsoring Authority that the alleged detenu was to be detained under Tamil Nadu Act 14 of 1982, as he was involved in two adverse cases, as detailed below, <FRM>JUDGEMENT_1311_TLMAD0_2010Html1.htm</FRM> and also in the ground case in Crime No. 791/2009, registered under Sections 341, 294(b), 307, 506(ii) IPC on the file of Tirunelveli Town Police Station for a crime that had taken place on 09.12.2009, in which he was arrested on the very day and remanded to judicial custody, on scrutiny of the materials placed before him, the detaining authority, the 1st respondent herein, after recording his subjective satisfaction that the activities of the alleged detenu were prejudicial to the maintenance of public order, branded him as a "Goonda" and ordered him to be detained under Tamil Nadu Act, 14 of 1982, which is the subject matter of challenge before the Court.