KALI Vs. COMMISSIONER OF POLICE MADRAS CITY

JUDGEMENT

(1.) The petitioner Kali challenges the order of detention of his friend Mannar alias Manohar (detenu) passed on 24-7-1990 by the Commissioner of Police, Madras City, the first respondent herein under S. 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootloggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) with a view to preventing him from acting in any manner prejudicial to the maintenance of public order considering him as a Goonda.

(2.) The detenu was earlier detained on 23-4-1985, 10-8-1986 and 5-10-1987 respectively and was released after the expiry of the period of detention. After his release, he came to adverse notice in nine cases. The first four cases relate to Crime Nos.1190,709,1225 and 1497 of 1989 of F2 Egmore Police Station respectively for offences u/Ss.380, 420, 380, IPC and S. 65, The Tamil Nadu City Police Act. All those cases culminated in filing of a final report u/S. 173(2), Cr. P.C. duly taken on file by learned XIV Metropolitan Magistrate, Egmore, Madras in C.C. Nos. 7307 to 7310 of 1989. In all those cases, he was found guilty and convicted; but sentenced to rigorous imprisonment for 13 months in the first three cases and for two months in the last case with a direction that the sentences awarded in the last three cases are to run concurrently with the sentence awarded in the first case.

(3.) Three of the other five cases relate to Crime Nos. 714, 778 and 812 of 1990 of F2 Egmore Police Station for the alleged offence u/S.379, IPC in the earlier case and u/S.380, IPC in the latter two cases. All those offences are said to have been committed during night hours respectively on 16-4- 1990, 24/25-4-1990 and 30-4-1990 and on the confession given by the detenu, certain recoveries of the articles stated to have been stolen had been effected and all the cases are pending investigation.