J CHITHRA Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner herein is the wife of the detenu by name Janarthanan @ Jony. He was detained as "goonda" by the impugned order dated 26-10-2004 under Section 3 (2) of 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 ).

(2.) THE grounds on which the detention order has been made are as follows: thiru Janarthanan @ Jony is running a Motor Vehicle Driving school in the name of Jony Driving School at Tiruppur. He has been authorised by M/s. Maheswari Agencies, authorised dealer of Yamaha Motor Cycle to get the registration, for the new motor vehicles sold by them to their customers from the Office of the Regional Transport Officer, Tiruppur. On 02-05-2001 Thiru Janarthanan @ Jony, aged 37 years, S/o Thiru Baladhandapani, No. 4/19, Ranganathapuram, IInd Street, Rayapuram Extension, Tiruppur, Coimbatore District, produced before the Regional Transport Officer, Tiruppur a Light Motor Vehicle of TATA make model 2001 for registration in the name of M/s. Hycounts Corporation, No. 6-A, Ranganathapuram Extension, 2nd Street, Kongu Main Road, Tiruppur along with an application and connected documents including the letter No. 29620/tr.-VI/2001-1 Home (Transport-VI) Department, Government of Tamilnadu, Chennai dated 03-04-2001 (Computer Code No. 24363 ). The said letter was for allotment order of Fancy registration number 6000 in TN 39 Y series to the above said vehicle. On the strength of that Government letter, the said vehicle was assigned with the registration number TN 39 Y 6000. But on verification at a later date, the said Government letter was found to be a forged one. Further, there was an endorsement at page-12 of registration document as if a sum of Rs. 6000/- was paid in the Regional Transport Officer's Office, Tiruppur in S. No. 11139 001a on 23-04-2001 towards the prescribed fee for advance registration for Fancy number. On verification, it was also found to be forged, as the said receipt S. No. 11139 001a dated 23-04-2001 was originally relating to the payment of a sum of Rs. 15/- at the said office. Thus, Thiru Janarthanan @ Jony has forged the said endorsement by creating the said false document used them as genuine and thereupon cheated the Government of Tamilnadu through the Office of the Regional Transport Officer, Tiruppur to a value of Rs. 6,000/ -. Hence, the Regional Transport Officer, Tiruppur filed a complaint before the Superintendent of Police, Coimbatore District in his letter Confdl. /4/rto/tpr dated 14-10-2004. On the orders of the Superintendent of Police, Coimbatore District, the Inspector of police, Central Crime Branch, Tiruppur registered a case in CCB Cr. No. 26/2004 U/s 467, 468, 471 and 420 IPC and sent the FIR along with the original complaint to the Judicial Magistrate No. 1, Tiruppur and copies of them to the higher officers concerned.

(3.) AFTER registering the case, the inspector of Police, Central Crime Branch, Tiruppur took up investigation. He examined the complainant and other necessary witnesses. During the course of investigation, it was known that the above Government letter was issued for the allotment of fancy number TN 21 P 0009 to Thiru V. V. Chalapathy of Kanchepuram District. The Inspector of Police, Central Crime Branch, Tiruppur arrested the accused Thiru Janarthanan @ Jony on 14-10-2004 at 10-30 PM in front of his house at Ranganathapuram 2nd Street, Rayapuram Extension, Tiruppur and recorded his voluntary confessional statement in the presence of two witnesses 1) Murugesh 2) P. Kudiarasu and produced him before the Judicial Magistrate No. 1, Tiruppur on 15-10-2004. The accused was remanded to Judicial custody upto 29-10-2004 and lodged at Central Prison, Coimbatore.