ALICE JESINTHA Vs. PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME PROHIBITION AND EXCISE DEPT. , SECRETARIAT, CHENNAI-600009

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity and convenience] has been filed by the spouse of detenu in this Court on 23/9/2022 assailing a 'detention order dtd. 15/8/2022 bearing reference BCDFGISSSV No.125/2022' [hereinafter 'impugned detention order' for the sake of convenience and clarity] made by the 'second respondent i.e., jurisdictional Commissioner of Police' [hereinafter 'Detaining Authority' for the sake of convenience and clarity]. To be noted, fourth respondent i.e., jurisdictional Inspector of Police is the Sponsoring Authority.

(2.) Mr.S.Senthilvel, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for all the four respondents are before us. To be noted, learned Additional Public Prosecutor is instructed by fourth respondent.

(3.) The impugned detention order has been made by the Detaining Authority inter alia on the premise that the detenu is a 'Goonda' within the meaning of Sec. 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forestoffenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexualoffenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity].