GANAPATHY ALIAS KILA ALIAS PRABHAKARAN Vs. SECRETARY TO THE GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) The detenu himself is the petitioner in the above Habeas Corpus Petition. The detenu came to the adverse notice of the police authorities in the following two adverse cases, namely, in (i) Crime No. 397 of 2010 on the file of the T-11 Thirunindravur Police Station for the offence under Sections 147, 148, 341 and 302 IPC @ 120(b), 341, 302 read with 109 IPC and (ii) Crime No. 506 of 2011 on the file of the T-11 Thirunindravur Police Station for the offence under Sections 341 and 392 IPC. Subsequently in respect of an occurrence that took place at about 12.00 noon on 15.09.2011, the detenu was arrested at 14.30 hours on 15.09.2011 and he was produced before the Court of Judicial Magistrate, Thiruvallur, and he was remanded to judicial custody till 29.09.2011 and his custody was extended till 13.10.2011.

(2.) The Sponsoring Authority, by furnishing the relevant materials before the Detaining Authority, sought for the detention of the detenu as a 'Goonda' under Section 2 (f) of The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (hereinafter referred to as "the Act"). The Detaining Authority, after perusing the materials before him and after forming the subjective satisfaction that the detenu has acted in a manner prejudicial to the maintenance of the public order as such he is a Goonda as contemplated under Section 2 (f) of the Tamil Nadu Act 14 of 1982, passed the detention order and the same is being challenged in the above Habeas Corpus Petition.

(3.) Heard the learned counsel on either side.