TMT CLARA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE challenge in this habeas corpus petition is to the order of detention, dated 31.08.2004, passed by the second respondent against one Amali (hereinafter referred as "the detenu"), branding him as a "Goonda" and directing preventive detention 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). THE petitioner is the wife of the detenu.

(2.) HEARD the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents.

(3.) IT is seen that the order of detention came to be passed by the second respondent based on three adverse cases in Crime No.4 of 2004, registered on 06.01.2004, for the offences punishable under Sections 147, 148, 448, 427, 435, 109 read with Section 34 I.P.C., in Crime No.267 of 2004, registered on 04.07.2004, for the offences under Sections 147, 148, 427 and 506(ii) I.P.C. and in Crime No.305 of 2004, registered on 09.08.2004, for the offences punishable under Sections 147, 148, 341, 307 and 302 I.P.C. The ground case is in Crime No.307 of 2004, registered on 10.08.2004, for the offences punishable under Sections 147, 148, 427, 307 and 506(ii) I.P.C. and under Section 3(a) of Explosive Substances Act.