LAWS(MAD)-2007-12-530

SARAVANAKUMAR Vs. COMMISSIONER OF POLICE

Decided On December 10, 2007
SARAVANAKUMAR Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) The petitioner - detenu was incarcerated by order dated 31.7.2007 of the second respondent under the provisions 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) branding him as a Goonda and confined at Central Prison, Chennai.

(2.) Challenging the detention order, the detenu has come forward with the above writ petition seeking to call for the records in connection with the order of detention made in proceedings No.357/2007, dated 31.7.2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(3.) The learned counsel for the petitioner challenges the impugned order of detention on the ground of non application of mind on the part of the detaining authority, as the detaining authority had not taken note of the fact that the sponsoring authority while making remand requisition before XIII Metropolitan Magistrate, Chennai-8, referred to all adverse cases in Crime Nos.1492, 1493, 1515 and 1523 of 2007 and also the ground case in Crime No.1530 of 2007, but, however, remand order was passed only in respect of the ground case.