RAGU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was detained as Goonda, under the tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, forest offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982), by way of impugned order dated 26. 8. 2003 of the second respondent, challenges the same in this petition. THE ground case, the occurrence of which had taken place on 01. 6. 2003, relates to Selaiyur Police station Crime No. 312 of 2003 wherein the detenu was charged for offence under section 302 I. P. C. THE detenu had one adverse case to his credit the occurrence of which had taken place on 25. 9. 1992 and was charged for offences under sections 341, 384 and 302 I. P. C.

(2.) HEARD the learned counsel for the petitioner as well as the learned Government Advocate appearing for respondents.

(3.) LEARNED counsel for the petitioner, by relying on a division Bench decision of the Allahabad High Court in VEERPAL ALIAS VIRENDRA vs. STATE OF U. P. AND OTHERS (2003 CRL. L. J. 2731), would contend that if the occurrence relates to or pertains to a law and order problem and not public order, the detention order cannot be passed. We have gone through the said decision. The fact and circumstances of the case before the Allahabad High court show that the occurrence took place in the night and it was a solitary incident and there is no material on record to show that it has disturbed tempo or manner of life of the community in the locality or has disturbed general peace or created a sense of alarm or insecurity in the locality. We have already referred to the details furnished in the grounds of detention and on going through the factual position in the case before the Allahabad High Court, we are of the view that the same is distinguishable and not applicable to the case on hand.