ULAGANATHAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) IN these HCPs, the relatives of the detainees challenge the detention orders whereby the detainees were detained under Act 14/1982, branding them as "Goonda" as contemplated under Section 2(4) 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].

(2.) ALL the detainees are allegedly involved in adverse case Cr.No.718/2006, T-13 Kunrathoor P.S. That apart, some of the detainees had come to adverse notice in other cases also. Detenu Madhan is alleged to be involved in other T.13. Kunrathoor Police Station Cases, Cr.No.721/2006 of T-13 Kunrathoor P.S. Detenus Mega @ Meganathan and Johnson, Babu @ Gundubabbu, Babu @ Bogapathy are alleged to be involved in Cr.No.189/2006; Detenu Ranjan is alleged to be involved in Cr.No.1024/2006; Detenu Babu @ Bogapathy Baby is also alleged to be involved in Cr.No.60/2005.

(3.) THE learned Addl. Public Prosecutor had taken us through the grounds of detention and placing relevant files would submit that pre-detention representation was duly considered and the Detaining Authority had called for report from the Deputy Commissioner, Ambattur and the Detaining Authority did take into consideration pre-detention representation. THE learned Addl. Public Prosecutor further submitted that the report only disclosed that the averments in the representation is false and in that view of the matter, non placing of report before the Detaining Authority would not vitiate the detention order passed on 10.01.2007.