RAJU MATTUKARARAJU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Petitioner Raju alias Mattukara Raju has been detained as a Tgoonda under Tamil Nadu Act 14 of 1982 in pursuance of an order of detention dated 30.1.1995 passed by the first respondent, Commissioner of Police, Madras City, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) Petitioner had come to adverse notice in five prior crime registered by D-3 Ice House Police Station for offences punishable under Sections 147, 148, 324, 307, 427 and 506 (2) I.P.C., Crimes period ranging between September, 1993 and November, 1994. It is in this background that the detenu had allegedly got himself involved in the ground crime, which had occurred on 22.1.1995. The ground crime was registered for offences punishable under Sections 307, 336, 332, 427 and 506 (2) I.P.C. we do not deem it necessary to narrate more details, which led to the passing of the impugned order for, the solitary contention urged on behalf of the petitioner by his learned counsel can be disposed of on the particulars aforestated.

(3.) Mr. Rajasekaran, petitioner's learned counsel submitted that earlier an order of detention under Tamil Nadu Act 14 of 1982 dated 13.2.1994, was passed against the petitioner by the same Commissioner of Police, and it was not approved by the State Government under Sec. 3(3) of the Act. In the earlier detention order, adverse cases 1 to 4 mentioned in the impugned order, stood referred to and those cases were taken note of, for arriving at the requisite subjective satisfaction, when the earlier order was passed. When that be the case, those four adverse cases could not have been referred to while passing the impugned order, for the subjective satisfaction arrived at stated vitiated due to consideration of material not approved.