SIVAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE detenu, by name Sivakumar who is detained as a 'goonda' under 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), challenges the same in this petition.

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

(3.) LEARNED counsel appearing for the petitioner raises the only contention that the vital fact, namely that the detenu was released on bail in Cr. No. 129 of 2006 on the file of E. 1 Mylapore Police Station by an order of the learned Magistrate dated 24. 03. 2006, which was not placed before the detaining authority, vitiates the detention order. In other words, according to him, had this vital fact been placed before the detaining authority, the decision could have been different. In support of the above contention, learned counsel brought to our notice the requisition for remand made by the sponsoring authority, wherein he has sought for remand of the detenu in respect of Cr. Nos. 129 and 130 of 2006. He also placed the order of the learned 18th Metropolitan Magistrate, Saidapet, Chennai-15 dated 24. 03. 2006 granting bail in favour of the detenu in a case relating to Cr. No. 129 of 2006. On the other hand, learned Additional Public Prosecutor, by taking us through the details relating to fifth adverse case which is Cr. No. 129 of 2006 on the file of E-1 Mylapore Police Station and the ground occurrence, namely Cr. No. 130 of 2006 of the same Police Station, submitted that inasmuch as the ground case relates to major offences and adverse case No. 5 relates to smaller offences, the detaining authority is fully justified in basing its conclusion with reference to the ground case. He also relied on two decisions of this Court, viz. 2006 (3) C. T. C. 650[revathy vs. State of Tamil Nadu] and H. C. P. No. 1304 of 2005 dated 14. 03. 2006 in support of his stand.