MARI @ MARAN Vs. SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, HOME, PROHIBITION AND EXCISE DEPARTMENT AND COMMISSIONER OF POLICE

JUDGEMENT

(1.) The second respondent herein clamped an order of detention as against the detenu/petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and he has to be detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).

(2.) 2.1. The order of detention dated 7.5.2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 1556 of 2007 for the offence punishable under Sections 341, 336, 397 read with 506(ii) IPC, complaint of which was given by one Raja, alleging that the detenu and his associates, on 11.4.2007, at about 0700 hours, wrongfully restrained him, threatened him by knife and took away Rs. 100/-and a wrist watch; that when he raised hue and cry the public came for his rescue and on noticing the, same the detenu and associates picked up stones and pelted the same against them; that the public noticing the atrocious activities ran for safer places out of fear of danger to their lives; and taking advantage of the situation, the detenu and his associates escaped. The case was taken for investigation and the detenu was arrested

(3.) Challenging the said detention, detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to direct the respondents to produce the records pertaining to the detention of the detenu, by order of detention passed by the second respondent in Memo No. l95/BDFGISSV/2007, dated 7.5.2007, to set aside the same and to direct the respondents to cause production of body and person of the detenu before this Court and to set him at liberty.