S SAMPATH RAJ Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu ? Santhilal, friend of the 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.) THE order of detention dated 10. 7. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 458 of 2007 for the offence punishable under Section 307 IPC. On 6. 6. 2007 at about 7 hours, when one Savitha, Women Sub Inspector of Police, Krishnagiri Taluk Police along with police party was engaged in vehicle checkup in Krishnagiri ? Hosur National Highway, one ambassador car bearing Reg. No. TN-07-Y-5767, which was coming from Hosur, did not stop even though the police tried to stop. The police attempted to catch the car, it hit and stopped in a nearby trench and the persons travelling the car jumped out and attempted to escape. When the police party tried to surround them, one person showed the knife and threatened them, however, the police party surrounded them, the car was searched. Two knives, two number plates, 200 gms. of chilly powder and a rope measuring 5 Mtrs. were seized. The case as referred to above was registered. 2. 1. Apart from the above, the detaining authority also took note of nine adverse cases pending against the detenu, viz. , Crime Nos. 115 and 176 of 2005 pending on the file of Hudco Police Station for the offence punishable under Section 379 IPC; Crime Nos. 596 of 2005, 981 of 2006 and 441 of 2007 on the file of Krishnagiri Taluk Police Station for the offence punishable under Sections 399, 402 and 379 IPC; Crime Nos. 193 and 239 of 2005 on the file of Sipcot Police Station for the offence punishable under Sections 379 and 392 IPC; Crime No. 184 of 2007 on the file of Thoppur Police Station for the offence punishable under Section 379 of IPC; and Crime No. 392 of 2007 on the file of Athiyamankottai Police Station for the offence punishable under Section 379 IPC. 2. 2. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.

(3.) CHALLENGING the said detention, the friend of the 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 S. C. No. 17 of 2007, dated 10. 7. 2007, to set aside the same and to direct the second respondent to cause production of body and person of the detenu before this Court and to set him at liberty.