CHANDRAN Vs. THE PRINCIPAL SECRETARY, GOVERNMENT OF TAMILNADU, HOME, PROHIBITION & EXCISE [XVI] DEPARTMENT AND ORS.

JUDGEMENT

(1.) Challenge is made to the order of detention passed by the second respondent vide Proceedings in SC.No.15/2015 dated 29.03.2015 whereby the friend of the petitioner herein/detenu viz., Siva @ Kalappa, son of Kalappa, aged 40 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum -grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "GOONDA".

(2.) Though many grounds have been raised in the petition, M/s. R. Subhadra Devi, the learned counsel appearing for the petitioner, confines his argument only in respect of non -application of mind on the part of the detaining authority in passing the order of detention.

(3.) Learned counsel appearing for the petitioner submitted that the occurrence in the ground case in Cr.No.33/2015 registered by Hosur Town Police Station took place on 09.01.2015; whereas the detention order was passed on 29.03.2015 i.e. after a lapse of two months. This inordinate delay in passing of detention order would vitiate the same and there is no proximity and live link between the detention of the detenu and the alleged prejudicial activities, necessitating the Detaining Authority to arrive at the subjective satisfaction that there is likelihood of the detenu coming out on bail in the ground case. In support of his contention, learned counsel for the petitioner placed reliance on the judgment of a Division Bench of this Court reported in, 2005 MLJ (Crl.) 752 (Ramesh v/s. District Collector and District Magistrate, Tiruchirapalli District and another) and also on the judgment of a Division Bench of this Court dated 12.10.2012 made in Habeas Corpus Petition. Nos. 380, 617 and 1406 of 2012 [PARAPPATY SURESH @ SURESHKUMAR, AMUTHA GOWSIGA BOOPATHY AND LEELA v/s. THE COMMISSIONER OF POLCIE, SALEM CITY POLICE, SALEM AND 2 OTHERS].