LAWS(MAD)-2003-11-161

S MOHAMMED MEERAN Vs. STATE OF TAMIL NADU

Decided On November 19, 2003
S.MOHAMMED MEERAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties.

(2.) The present Habeas Corpus Petition has been filed by the father of the detenu, who has been detained 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), hereinafter called as the Act, on the allegation that the detenu is a habitual offender Goonda.

(3.) Learned counsel for the petitioner has contended that the ground case, on the basis of which the order of preventive detention is passed, had occurred on East Coast Road, which is not frequently used by the members of public, and therefore, even assuming that some incident had occurred on the said road, such occurrence may not have the tendency of disturbing the public order and as such it is a mere case of law and order in a particular secluded area and not a case of disturbance of public order.