LAWS(MAD)-2010-6-456

M PANDI Vs. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT,; DISTRICT MAGISTRATE AND DISTRICT COLLECTOR,; SUPERINTENDENT OF PRISON AND; SECRETARY, ADVISORY BOARD

Decided On June 29, 2010
M PANDI Appellant
V/S
SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT,; DISTRICT MAGISTRATE AND DISTRICT COLLECTOR,; SUPERINTENDENT OF PRISON AND; SECRETARY, ADVISORY BOARD Respondents

JUDGEMENT

(1.) This Writ Application challenges an Order of Detention made by the second respondent on 29.1.2010 whereby the son of the petitioner, by name, Mayandi, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "Goonda".

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

(3.) The detenu was involved in two adverse cases as follows: Sl. Police Station Section of law No. Cr. No. & Date 1 Madurai District, 3(a), 4(b) of Indian Karuppaurani, Police Explosive Substances Station Act, 1980 Crime No. 234/2009 2 Suthamalli Police Station 147, 148, 341, 302, 506(ii) Indian Penal Crime No. 159/2009 Code read with 149, 34, 120(b) Indian Penal Code and Section 3(2)(V) Scheduled Caste and Scheduled Tribes and Prevention of Atrocities Act 1989 and 3(b), 4(b), 5(A) read with 6 Explosive Substances Act 1908 read with 120(b) Indian Penal Code and 25(1-A) Arms Act 1959 read with 120(b) Indian Penal Code