KADHAR Vs. STATE

JUDGEMENT

(1.) THE order dated 4. 5. 2007, passed by the second respondent in Cr. M. P. No. 20/2007, branding the detenu , by name Bilal , as a Goonda and directing his detention under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest offenders, Goondas , Immoral Traffic Offenders, Sand offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), is challenged in this writ petition by the brother of the detenu.

(2.) ON 31. 1. 2007 at about 8. 00 hours, one K. Cholan lodged a complaint to the Head Constable, Kunnam Police Station, stating that he is working as village Administrative Officer, and on 30. 1. 2007 night, on the basis of reliable source that one unidentified person with multiple injuries on his body and a two wheeler bearing No. TN 09-F 8510 was found on the road at Vasishtapuram Village, he rushed to the spot and on enquiry it revealed that in that areas a bomb blast had taken place and in that bomb blast, an unidentified person sustained grievous injuries. ON that basis a case in Crime No. 16 of 2007 for the offence under sections 286 IP C. , read with 3 , 5 and 6 (A) of Indian Explosive Substances Act, 1908, was registered on the file of the Kunnam Police Station. The Inspector of police, Kunnam Police Station took up investigation, rushed to the scene of crime, sent the injured person to the Government hospital, Perambalur and on the basis of confession statement of the detenu , arrested him on 1. 2. 2007 and produced before the Judicial Magistrate, Perambalur , who remanded the detenu into custody.

(3.) ADMITTEDLY, the detenu was arrested on 1. 2. 2007 in Crime No. 16 of 2007 on the file of Kunnam Police Station for offence punishable under Sections 286 IPC r/w. 3 ,5 and 6 (A) of Indian Explosive Substances Act, 1908. However, the order of detention was passed only on 4. 5. 2007. Concededly, there is a delay of 92 days in passing the order of detention.