PREM @ PREMKUMAR Vs. COMMISSIONER OF POLICE AND SECRETARY TO GOVERNMENT HOME, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) The Petitioner, who has been detained under Act 14 of 1982 based on the order of detention passed by the first Respondent in Detention Order No. 187 of 2010 dated 02.10.2010 holding him to be a "Goonda" as per the definition found in Section 2(1)(f) of the said Act, has come forward with the present Habeas Corpus Petition for quashing the said order of detention.

(2.) The detaining authority referred to a single case, namely the ground case registered on the file of S8, Adambakkam Police Station as Crime No. 521 of 2010 for alleged offences punishable under Sections 302 and 380 IPC and expressed a subjective satisfaction that the Petitioner is to be termed "Goonda" and his presence at large will be detrimental to the maintenance of public order and hence, clamping of an order of detention on him is necessitated.

(3.) Though several grounds have been raised for assailing the order of detention, the learned Counsel for the Petitioner mainly relies on the contention that the subjective satisfaction of the detaining authority regarding habitually of the Petitioner in committing offences that come under Chapter 16 and 17 of the Indian Penal Code is not based on sufficient materials and on the other hand, based on a solitary incident, the detaining authority has arrived at such a subjective satisfaction. The learned Counsel for the Petitioner submits further that no habitually can be inferred, however graver the offence might be, from the solitary incident.