CHANDRU Vs. COMMISSIONER OF POLICE AND STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, GOVT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) Invoking the writ jurisdiction of this Court, the petitioner, the detenu himself, has challenged an order of detention passed by the first respondent branding him as Goonda under Act 14 of 1982 on 24.10.2006.

(2.) The order under challenge is perused. The Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor.

(3.) As could be seen from the materials available, the sponsoring authority placed its recommendation stating that the detenu has got a ground case registered by E. Pudur Police Station in Crime No. 273/2006 under Sections 387 and 506(ii) of I.P.C. for an occurrence that took place on 25.9.2006, and two adverse cases, first one registered by Palakkarai Police Station in Crime No. 816/2005 under Sections 120(b), 364 and 302 read with 34 of I.P.C. for an occurrence that took place on 21.9.2005, and second one registered by E.Pudur Police Station in Crime No. 266/2006 under Sections 307 and 120(b) of I.P.C. for an occurrence that took place on 12.9.2006. In view of these cases and also the facts and circumstances, the recommendation was made. The detaining authority, after looking into the materials, was of the opinion that the activities of the detenu were prejudicial to the maintenance of public order, and under the circumstances, he should be branded as Goonda. Thus, the detaining authority arrived at the subjective satisfaction and passed the order of detention. Challenging the said order, this petition has been brought forth.