ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) The challenge in this petition is to the order dated 25.11.2002 passed by the Commissioner of Police, Greater Chennai, branding one Anil Kumar, son of Joseph as a goonda and directing his preventive detention under Section 3(1) of the Tamil Nadu prevention of dangerous activities of Bootleggers, Drug offenders, Forest offenders, Goondas, Immoral Traffic offenders and Slum grabbers Act, 1982 (Tamil Nadu Act 14 of 1982).

(2.) This detenu is shown to have been involved in three cases. They are under Sections 380, 379 and 457 r/w 380 I.P.C. Ultimately, he is said to have been involved in an incident dated 29.10.2002. at about 5.30 p.m. when he is said to have gone to the cold-drink shop of one Tr..Murugesan and demanded Rs.200/- to take brandy by uttering: "gpuhe;jp Fof;f ntz;Lk; vdf;F Rs.200/- khKy; bfhL" He is also supposed to have brandished a knife on which other persons came there and he threatened everyone by uttering the words: "vd;id gpof;f te;jhy;. btl;o tpLntd;" He is supposed to have caused terror in the locality and on that count, the detention order has been passed.

(3.) Learned counsel for the petitioner points out that this was a detention practically on the single incident and it is not as if the detenu was a person who was a known rowdy or a known goonda or was involved in any such kind of incident wherein the public would be put to terror. Learned counsel relied on the judgment of the Supreme Court reported in JT 2003(1) SC 176 (DARPAN KUMAR SHARMA -vs- STATE OF TAMIL NADU).