M RAJESH Vs. GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT; COMMISSIONER OF POLICE AND SUPERINTENDENT OF PRISON

JUDGEMENT

(1.) Challenge is made to an order passed by the second respondent in No. 04/BDFGISSV/2010 dated 22.01.2010, whereby the friend of the detenu by name Rajkumar @ Maya was ordered to be detained under the provisions of the Tamil Nadu Act 14 of 1982 after terming him as "Goonda".

(2.) All materials are looked into in particular the order of detention under challenge. The Court heard the learned Counsel appearing for the petitioner and the respondents.

(3.) It is not in controversy that pursuant to the recommendation made by the sponsoring Authority that the detenu is involved in two adverse cases viz. (i) Suthamalli Police Station Crime No. 07/2009 for the offences under Sections 147, 148, 302 of the Indian Penal Code read with Sections 149, 120(b), 109 of the Indian Penal Code and 4(b), 5(a) read with 6 of Explosive Substances Act read with 149, 120(b) of the Indian Penal Code. (ii) Thachanallur Police Station Crime No. 598 of 2009 for the offences under Sections 294(b), 323, 506(i) of the Indian Penal Code and also a ground case in Crime No. 599 of 2009 registered by Thachanallur police station for the offences under Sections 147, 148, 294(b), 324, 307 and 506(ii) of the Indian Penal Code for the incident that had taken place on 21.12.2009, the Detaining Authority, on scrutiny of materials and after recording its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, passed the order of detention under challenge.