S MARIYAPPA; SITHAPPA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Brother of the detenu has filed this Habeas Corpus Petition for quashing the order of detention passed 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) on the allegation that the detenu is a Goonda.

(2.) The detenu came to the adverse notice of the police in four adverse cases, namely, Mathigiri P.S. Cr. No. 237/2001 registered under Sections 147, 148, 341, 307 & 302 IPC, Mathigiri P.S. Cr. No. 237/2001 registered under Sections 363 @ 364, 368, 302 r/w. 120(b) IPC., Hosur Police Station Cr. No. 320/2006 registered under Sections 147, 148, 302, 120(b) IPC., and Hosur P.S. Cr. No. 636/2006 registered under Sections 386 IPC. First two adverse cases were pending trial and the later two adverse cases were under investigation, when the order of detention was passed on 7.1.2007. The order of detention was passed on the basis of the ground case alleged to have occurred on 15.12.2006 in Hosur Police Station Cr. No. 637/2006 registered under Section 386 IPC. The detenu surrendered before the Judicial Magistrate No. IV, Vellore on 19.12.2006 in connection with the aforesaid case and was remanded.

(3.) The detaining authority after narrating the incident in the ground case came to the conclusion that it was necessary to detain the person under Act 14/1982. In paragraph 4, the detaining authority concluded: