LAWS(MAD)-2011-3-372

MAGESWARI Vs. GOVERNMENT OF TAMIL NADU

Decided On March 22, 2011
MAGESWARI Appellant
V/S
GOVERNMENT OF TAMIL NADU, REP. BY ITS SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, CHENNAI Respondents

JUDGEMENT

(1.) THIS habeas corpus petition has been filed for quashing the Order of Detention dated 25.11.2010, passed by the second respondent herein holding the petitioner's husband viz. the detenu Meenkaran @ Mariyappan, S/o. Kaliyappan, to be a Goonda under Act 14 of 1982.

(2.) THE detaining authority relied on as many as six adverse cases viz. (1) Crime No. 112 of 2010, on the file of Dharmapuri Police Station; (2) Crime No. 111 of 2010, on the file of Kaveripattinam Police Station; (3) Crime No. 460 of 2010, on the file of Dharmapuri Police Station; (4) Crime No. 99 of 2010, on the Mahandramangalarti Police Station; (5) Crime No. 123 of 2010, on the file of Palacode Police Station and (6) Crime No. 170 of 2010, on the file of Papparappatti Police Station and also the ground case in Crime No. 216 of 2010, on the file of Palacode Police Station, for an alleged offences under Section 392 IPC, to arrive at a conclusion that the detenu was a Goonda as defined under Section 2(f) of Tamil Nadu Act 14 of 1982.

(3.) WE also heard the submissions made by Mr. A.D. Jagadish Chandira, learned Additional Public Prosecutor, on the above said point raided by the learned counsel for the petitioner.