SIVA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner-Siva who was detained as Video Pirate under Section 3 (1) of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), challenges the same on various grounds. The detention order was passed by the Commissioner of Police, Greater Chennai, Chennai with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) THE grounds on which the said detention is made is as follows: on 30-11-2004 at about 6-30 P. M. one Ganesan, Grade I Police Constable 1284, Video Piracy Cell, C. B. C. I. D. , appeared before the Inspector of Police, Video Piracy Cell, C. B. , C. I. D. , Chennai and lodged a special report. In his special report, he has stated that one Siva, Hari Shankar and Md. Siddique were keeping pirated V. C. Ds. , for sale without copy rights at shop No. 349, B-Bazaar, Burma Bazaar, Chennai and requested to take action against them.

(3.) ON 30-11-2004 Thiru R. Rajasekaran, Inspector of Police, Video Piracy Cell, C. B. , C. I. D. , Chennai, after making necessary entry in the G. D. , along with his party proceeded to the said shop at No. 349, situated at B-Bazaar, Burma Bazaar, Chennai and reached the spot at 7. 00 P. M. , conducted search at the said shop between 7. 00 P. M. and 7. 45 P. M. and noticed pirated C. Ds. , of new Tamil films such as 1) about 24 discs, 2) about 10 discs,3) about 42 dics 4)ml;lfhrk; about 52 discs, further Tamil film V. C. Ds. , about 183 discs and Telugu film C. Ds. , about 4 discs and Tamil film D. V. Ds. , about 120 discs and obscene V. C. Ds. , 17 discs found in the said shop. Since they were kept in the said shop without any rights, the same were seized under cover of mahazar attested by witnesses and the said Siva, Hari Shankar and Mohammed Siddique were arrested after informing the reason for arrest and also informed to their relatives about the arrest of each of them. The Inspector of Police, Video Piracy Cell, C. B. , C. I. D. , returned to the Video Piracy Cell and registered a case in Video Piracy Cell Crime No. 300/2004, under Sections 51, 52 (A), read with Sections 63, 68 (A) of Copy Right Act, 1957 and section 292 (A) of I. P. C. , and 4 (1) read with 15 (2) of Tamil Nadu Exhibition of Films on T. V. Screen through V. C. R. , and Cable Television Net Work (Regulation) Act, 1984. Hari Shankar is employed in the shop of Siva and Mohammed Siddique is a broker and through whom Siva is selling the C. Ds. All the three admitted before the investigation officer that they are selling the recently released film V. C. Ds. , without obtaining any copy rights from the concerned authorities and selling the same by keeping in their shops to the public.