EZHUMALAI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE first respondent herein clamped an order of detention as against the detenu/petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and he has to be detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) 2. 1. The order of detention dated 19. 8. 2007 was passed on the basis of ground case that occurred on 26. 7. 2007 at about 10. 30 a. m. It is stated that on the said day, when one John Mohan (complainant) and his friend went to a hotel on motor cycle, the detenu and nine associates formed an unlawful assembly with a common object to commit dacoity, wrongly restrained the complainant and his friend and demanded money. The detenu and his associates showed knife and threatened the complainant and his friend. The detenu took away Rs. 1500/- from the shirt pocket of the complainant. On hearing the shouting of witnesses, the public tried to catch the offenders, the detenu and his associates, however, showed knives and threatened to kill them. The public who were at the spot noticing the atrocious activities scattered into all directions and taking advantage of the situation the detenu and his associates escaped. Based on the complaint given by the complainant, a case in Crime No. 408 of 2007 was registered on the file of Mailam Police Station for the offence punishable under Sections 147, 341, 323, 294 (b), 506 (ii) and 397 IPC. Investigation was taken up by the Inspector of Police, Mailam Police Station and the detenu was arrested and remanded.

(3.) CHALLENGING the said detention, the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records in C2/36539/2007, dated 19. 8. 2007 on the file of the first respondent herein, to quash the same as illegal and to consequently direct the respondents to produce him, now confined in Central Prison, Cuddalore, before this Court and to set him at liberty.