VELAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These petitions are filed on behalf of the detenus,who are accused in Crime No.120/2022 registered for the offence under Ss. 147, 148 & 302 IPC altered into 147, 148 & 302 r/w 149 IPC by the third respondent police and the detenues have been detained by the second respondent by his order dtd. 8/6/2022 in M.H.S.Confdl.Nos.84, 85, 86 and 87/2022 holding them to be a "Goonda ", as contemplated under Sec. 2(f) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982 (Herein after referred to as 'the Tamilnadu Act 14 of 1982'). The said detention orders are under challenge in these Habeas Corpus Petitions.

(2.) The case of the prosecution is that on 15/5/2022 around 2.00 p.m in the Kallidaikurichi Sampathimedu Road, the detenues/accused persons waylaid one Sukumar and jointly committed murder of the said Sukumar and therefore, the Law Enforcing Authority registered a case in Crime No.120 of 2022 for the alleged offence under Ss. 147, 148 and 302 IPC altered into Ss. 147, 148 and 302 r/w 149 IPC. Thereafter, on 16/5/2022, all the accused were arrested by the Law Enforcing Authority and considering the propensity of the occurrence and the same was created panic in that locality, the detaining authority passed the detention order on the basis of the materials furnished by the sponsoring authority through the impugned detention order dtd. 8/6/2022.

(3.) The learned counsel for the petitioners in these petitions assailed the impugned detention orders that as per Sec. 8(1) of the Tamilnadu Act 14 of 1982, the documents relied by the detaining authority must have been furnished within five days and same was not served within five days. On further elaborating the said submission, he submitted that the detaining authority passed the detention order on 8/6/2022 and the booklet was furnished only on 13/6/2022. Hence, the same was not served within five days as per the provisions under Sec. 8(1) of the Tamilnadu Act 14 of 1982. Hence, he prayed for quashing the detention orders.