(1.) THE second respondent herein clamped an order of detention as against the 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 15. 11. 2006 came to be passed by the second respondent on the basis of the ground case in Crime No. 492 of 2006 on the file of Vellore North Crime Police Station for the offences punishable under Sections 341, 394 and 506 (ii) IPC, complaint of which was given by one Babu. On 20. 8. 2006 at 7. 00 hours, the Inspector of Police, Vellore North Crime (Lando) Police Station received message over phone and he rushed along with police party to National Threatre Junction Road, Vellore, where he noticed the petitioner armed with pen knife. The Inspector of Police arrested the petitioner and seized pen knife, cash and wrist watch. The Sub Inspector of Police brought the victim, Babu to the police station. The victim gave a statement. He stated that on 20. 8. 2006 at about 6. 45 hours, the detenu waylaid him and pointing knife over the neck, demanded money and threatened to kill him. The petitioner took away Rs. 130/- from shirt pocket of the complainant and also his wrist watch. As the complainant shouted, the petitioner stabbed him with pen knife and inflicted bleeding injury. The nearby public came towards the complainant, but the petitioner threatened them. Due to this the public ran in all directions and the traffic was paralysed. The police came to the spot and arrested the petitioner. 2. 2. Apart from the above, the detaining authority also took note of eight adverse cases pending against the detenu, viz. , Crime Nos. 80, 81 and 124 of 2002 on the file of the Vellore South Crime Police Station for the offences punishable under Sections 457, 380 read with 511 IPC; Crime Nos. 621, 646, 647 and 677 of 2004 on the file of the Viruthambut Police Station for the offences punishable under Sections 379, 457, 380 read with 511 IPC; and Crime No. 491 of 2006 on the file of the Vellore North Crime Police Station for the offences punishable under Sections 457, 380 read with 75 IPC. 2. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.
(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 C3. D. O. No. 125/2006, dated 15. 11. 2006 passed by the second respondent, approved and confirmed by the first respondent, to set aside the same and to direct the respondents to produce him, now detained and confined in the Central Prison at Vellore, in TPDA No. 5704, before this Court and to set him at liberty.