LAWS(MAD)-2007-11-173

SENTHILKUMAR ALIAS SENTHIL Vs. COMMISSIONER OF POLICE

Decided On November 12, 2007
SENTHILKUMAR ALIAS SENTHIL Appellant
V/S
SECRETARY TO GOVERNMENT PROHIBITION AND EXCISE DEPT. Respondents

JUDGEMENT

(1.) PETITIONER challenges the order of detention dated 10. 3. 2007, passed against him by the first respondent in C. No. 21/g/15/2007, branding him as 'goonda' 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), seeking to quash the same and direct the respondents to produce him before this Court and set him at liberty.

(2.) ON the basis of the complaint lodged by one Ranganathan alleging that on 19. 2. 2007 at about 11. 30 hours, when he was standing in front of a bakery shop, the detenu came and threatened him to part with the money he had and when he refused, the detenu took a knife and brandished against him and also threatened the public, who came on hearing the cry of the complainant, that he would kill anybody who comes nearer to him and also took bottles kept there and broke them on the road, which created panic in the area, the detenu, who was produced by the complainant himself, was arrested and a case in Crime No. 155 of 2007 was registered against the detenu on the file of B-7 Ramanathapuram Police Station for the offence punishable under Section 397 I. P. C. The detenu, was later, produced before the Court for judicial custody.

(3.) TAKING into consideration the above said ground case as well as four adverse cases registered for offences punishable under Section 379 and 75 IPC. , three of which on the file of same police station in Crime Nos. 73 of 2005, 1107 of 2005 and 1108 of 2005 and one on the file of B-3 Kattoor Police Station in Crime No. 2335 of 2006, the first respondent, having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a 'goonda'.