LAWS(MAD)-2021-2-155

MUTHUMARI Vs. STATE OF TAMIL NADU

Decided On February 15, 2021
MUTHUMARI Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The petitioner is the wife of the detenu namely Raja @ Appala Raja @ Rajeshkumar, aged 35 years. The detenu has been detained under the Tamil Nadu Act 14 of 1982, as per the order of the 2nd respondent, in his proceedings in Detention Order No. 08/BCDFGISSSV/2020, dated 03.05.2020, branding him as Goonda as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. Challenging the same, the petitioner is before this court with this Habeas Corpus Petition.

(2.) We have heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the State and also perused the materials available on record.

(3.) Even though the learned counsel appearing for the petitioner raised various grounds assailing the order of detention, the main ground raised on the side of the petitioner is that the detenu was alleged to have involved in the 1st adverse case, which took place within the jurisdiction of the Sriperumbudur Police Station in Kancheepuram District. According to him, as per section 3(2) of Goondas Act (Tamil Nadu Act 14 of 1982), the Commissioner of Police namely the 2nd respondent herein is competent to take into account only those cases, which occurred within his local jurisdiction and so, the adverse case mentioned in the detention order ought not to have been taken into account.