MALA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Challenging the order of detention dated 29.9.2003 passed by the second respondent branding the detenu as Goonda under the provisions 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), the petitioner, who is the mother of the detenu, has filed the above petition.

(2.) The ground case is said to have taken place on 17.9.2003 at about 18.00 hours within the jurisdiction of Egmore Police Station. It is stated that the detenu Krishnamoorthy wrongfully restrained one Gurumoorthy and by threatening at the knife point, removed his wrist watch. The said Gurumoorthy raised hue and cry and after hearing the same, the police personnel, who were on rounds noticed and chased the detenu. The detenu rushed to the nearby bunk shop and picked up soda water bottles and hurled the same against the police and the public, thereby created terror panic at the spot. Gurumoorthy lodged a complaint before F2 Police Station, who in turn registered a case in Crime No.1488/2003 for the offences punishable under Sections 341, 336, 427, 392 and 506(2) IPC. It is further stated that there are five adverse cases against the detenu at various police stations, in Crime Nos.1607, 1585, 1586 of 2003 falling within the jurisdiction of Nungambakkam Police Station for the offences punishable under Sections 379, 380, 457, 382, IPC, Crime No.752 of 2003 falling within the jurisdiction of Royapettah Police Station for the offence punishable under Section 379, IPC, Crime No.1206 of 2003 falling within the jurisdiction of Thousand Lights Police Station. Considering the ground case and also the adverse cases, the second respondent passed the impugned detention order.

(3.) Learned counsel for the petitioner contends that solitary instance of robbery as mentioned in the grounds of detention is not relevant for sustaining the order of detention, for which he relied upon the case of DARPAN KUMAR SHARMA @ DHARBAN KUMAR SHARMA v. STATE OF TAMIL NADU (2003 (1) CRIMES 446).