S NIRMALA Vs. STATE BY (SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, HOME, PROHIBITION AND EXCISE DEPARTMENT AND THE COMMISSIONER OF POLICE)

JUDGEMENT

(1.) Challenge is made to an order of the second respondent made in Memo No. 394/BDFGISSV/2009 directing the petitioner's husband Suresh to be detained under Act 14 of 1982 branding him as a Goonda.

(2.) The Court heard the learned Counsel on either side and looked into all the materials available.

(3.) It is not in controversy that on the recommendation made by the Sponsoring Authority that he is involved in 12 cases namely (1) D5 Marina PS Crime No. 165/2009 under Section 379 IPC; (2) D5 Marina PS Crime No. 179/2009 under Section 379 IPC; (3) D5 Marina PS Crime No. 180/2009 under Section 379 IPC; (4) D5 Marina PS Crime No. 328/2009 under Section 379 IPC; (5) D5 Marina PS Crime No. 783/2009 under Section 379 IPC; (6) D5 Marina PS Crime No. 902/2009 under Section 379 IPC; (7) D5 Marina PS Crime No. 1017/2009 under Section 379 IPC; (8) D5 Marina PS Crime No. 1088/2009 under Section 379 IPC; (9) D5 Marina PS Crime No. 1116/2009 under Section 379 IPC; (10) D5 Marina PS Crime No. 1196/2009 under Section 379 IPC; (11) R8 Vadapalani PS Crime No. 835/2008 under Section 379 IPC and (12) D5 Marina PS Crime No. 1369/2009 under Section 379 IPC and also one ground case in D5 Marina PS Crime No. 1384/2009 under Sections 341, 397 read with 394, 336 and 506(2) of IPC for an occurrence on 10.10.2009, and he was also arrested on 11.10.2009, the detaining authority on scrutiny of the materials, recorded its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and has made the order under challenge after branding him as Goonda.