LAWS(MAD)-2007-10-235

SATHIYA ALIAS SATHIYANATHAN Vs. STATE OF TAMIL NADU

Decided On October 29, 2007
SATHIYA ALIAS SATHIYANATHAN Appellant
V/S
DISTRICT MAGISTRATE AND DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THE petitioner, aggrieved by the order of detention dated 22. 5. 2007 made in Ref. No. C3. D. O. No. 41/2007 passed by 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) to detain him, branding him as a Goonda, seeks to quash the order of detention and to direct the respondents to produce him, who is now confined at Central Prison, Vellore before this Court and set him at liberty.

(2.) ON the basis of a complaint lodged by one Sivakumar that on 11. 4. 2007 at about 7. 30 hours, the detenu waylaid him at the point of pen knife and forcibly took Rs. 150/-from his shirt pocket and Wester wrist watch from his left hand, and also threatened the public who came for his rescue that they would be killed and hurled the bottles taken from the nearby bunk shop in the road, which scattered all over the roadside, making them to run on all sides seeking shelter, which resulted in traffic dislocation, the detenu was arrested and a case was registered in Crime No. 221/2007 on the file of Arcot Town Police Station, for the offence punishable under Sections 341, 392, 397, 427 and 506 (ii), ipc.

(3.) THE second respondent, taking note of the above case as a ground case and twelve adverse case, ordered his detention dubbing him as a goonda.