VELLAI Vs. SUPERINTENDENT OF CENTRAL PRISON CHENNAI

JUDGEMENT

(1.) THE father of the detenu has filed the Habeas Corpus Petition seeking for quashing the Order of detention, dated 28.01.2010, passed by the Second Respondent.

(2.) ON the recommendation made by the Sponsoring Authority citing one adverse case in Crime No.939 of 2009, J.6 Thiruvanmiyur Police Station and the ground case in Crime No.941 of 2009, on the file of J.6 Thiruvanmiyur Police Station and after looking into the materials available, the second respondent, The Commissioner of Police, Chennai, formed an opinion that the detenu was to be termed as ?Goonda? since his activities are prejudicial to the maintenance of public order as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982 and in order to prevent him from indulging in such activities in future, the Order of detention, dated 28.01.2010, was passed. The said Order is under challenge in this Petition.

(3.) IN Paragraph 3 of the grounds of detention, the Detaining Authority has mentioned the time of occurrence in the adverse case in Crime No.939 of 2009 as 09.00 hrs on 03.12.2009. IN the tabular column relating to the adverse case is found in Page No.1 of grounds of detention, the time of occurrence in the adverse case is mentioned as 7.45 pm on 03.12.2009, which is in consonance with the entries in the FIR, found in Page No.1 of the booklet. IN the same way, in the tabular column in Page No.1 in the averments with regard to the adverse case in Crime No.939 of 2009, the registration number of the motor cycle used by the victim is mentioned as TN-07-AE-7841. IN the copy of FIR, the registration number of the vehicle is mentioned as TN-07-AE-7481. IN the statement of witnesses, the registration number of said vehicle is mentioned as TN-07-AE-2481. The glaring inconsistency with regard to the time of occurrence and the Registration Number of the vehicle mentioned in the grounds of detention pertaining to the adverse case, would vitiate the order of detention on the ground of non-application of mind.