ANTHONY Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGING the order of detention dated 3. 7. 2007 made in 208/2007, passed by the second respondent branding the petitioner as a 'goonda' 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), the petitioner, who is now confined in Central Prison, Chennai, has filed this Habeas Corpus Petition to set aside the order of detention and directing the respondents to produce him before this Court and set him at liberty.

(2.) THE ground case based on which the impugned order of detention has been passed is that on 24. 6. 2007 at about 1700 hours, when one Velu was returning to his home in his cycle, the detenu restrained and threatened him at the point of knife, took away Rs. 330/- and a gold ring from his finger. When the complainant shouted for rescue, the public tried to catch the detenu, but the detenu pelted stones on them. However, the police personnel with the help of the public apprehended him and a case in Crime No. 451 of 2007 was registered for offences punishable under Sections 341, 323, 336, 392 and 506 (2) I. P. C. and the detenu was sent for judicial remand.

(3.) TAKING into consideration the above said ground case as well as seven adverse cases, which are for the offences punishable under Sections 336, 341, 324, 380, 392, 399, 457 and 506 (2) IPC, the second respondent/detaining authority 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.