ELUMALAI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner herein challenges the detention order, dated 06. 02. 2006, detaining him as 'goonda' as contemplated under the 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 ).

(2.) HEARD learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) AT the foremost, learned counsel for the petitioner, after taking us through the details relating to the adverse cases and the ground case, contended that it cannot be said that the offences alleged to have been committed by the detenu adversely cited the maintenance of public order as the public were not put in fear; nor it had the potentiality to create a scene of alarm and insecurity in the locality; at the most, it may be said to have affected the maintenance of pubic order, hence, it is apparent that the impugned detention order came to be passed mechanically without application of mind. He further contended that since the detenu and another person were apprehended at the spot, the claim that normalcy in that area is dislocated is baseless, thus, the order of detention is illegal and liable to be set aside.