M RAJI 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 B.D.F.G.I.S.S.V. No. 50/2010 dated 25.3.2010, whereby the detenu Vinoth 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 one adverse case viz. S-8, Adambakkam Police Station Crime No. 109 of 2010 for the offences under Sections 341, 294(b) and 323 of the Indian Penal Code and ground case in Crime No. 141 of 2010 registered by S-8, Adambakkam Police Station for the offences under Sections 147, 148, 448, 427, 302 of the Indian Penal Code for the incident that had taken place on 28.02.2010 and the detenu surrendered before the Judicial Magistrate No. II, Chengalpattu on 01.03.2010, the Detaining Authority, on scrutiny of materials placed by the Sponsoring Authority and after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, passed the detention order, which is the subject matter of challenge before this Court.