PANNEER SELVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is detained as a "Goonda" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14, 1982), by the impugned detention order dated 27.01.2006, challenges the same in this petition.

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

(3.) IN such circumstances, we are of the view that the amendment issued by the detaining authority is unnecessary. The Courts have taken a view that the detaining authority, before proceeding to detain any person under Act 14 has to satisfy that, on the date of passing of the order, the detenu was under Judicial custody by orders of the Court and he is likely to come out by filing bail application and on the orders of the Court. The detaining authority has to further take note of the fact that, if he comes out on bail, he will indulge in further activities, which would be prejudicial to the maintenance of public peace and public order. After arriving at such a conclusion, it must have called for the required details. It is not in dispute that the detaining authority was not possessed of the required details. IN such circumstances and in view of the clarification of the Full Bench of this Court (Madurai Bench), we do not find any merit in the contention raised by the learned counsel for the petitioner.