S RAJASEKAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) CHALLENGE is to the order of detention dated 8.4.2005 passed by the first respondent herein in exercise of the powers conferred under sub Section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act 1982, branding the detenu Srinivasan, brother in law of the petitioner herein, as a goonda, under Section 2(f) of the Tamil Nadu Act 14 of 1982.

(2.) ACCORDING to the detaining authority, on 4.3.2005 at about 8.30 p.m. one Vijayachandran, who was working as Office Boy in M/s.V.K.S. Alloys Pvt.Ltd.Company, as usual, collected Rs.11,14,094.00 from M/s.Kanchi Steels at Sembudoss Street and put the said money into a cloth bag and kept the same in the front dikky of the scooter and locked the same. While he was proceeding towards his office, at Royapuram Old Bridge, one Srinivan, the detenu herein, Saravanan @ Sevittu Saravanan and Marimuthu @ Mari came in a motor cycle and Saravanan, Samson and Charles @ Charles Raj, came in a auto rickshaw, stopped the motor cyle and autorickshaw and wrongfully restrained the said Vijayachandran. Marimuthu @ Mari and Saravanan armed with deadly weapon threatened him and further fisted him with his left hand. Vijayachandran raised hue and cry. Immediately, the detenu threw chilli powder against Vijayachandran's face. On hearing the hue and cry of Vijayachandran, the public, who were at the spot came for his rescue and apprehended the accused. On seeing the public, the detenu picked up cool drink bottles and hurled the same against them. On noticing the atrocious activities of the accused, the public ran hither and thither and thereby created traffic dislocation. A case was registered in Crime No.470/2005 on the file of the N1 Royapuram Police Station under Section 397 IPC.