SHANKAR S/O MAYAN Vs. SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, GOVERNMENT OF TAMIL NADU AND THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) The order of detention dated 17.11.2006 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 detenu is a Goonda, is in question.

(2.) The detenu came to the adverse notice of the police in two adverse cases which were registered under Section 394 read with 397 IPC Valasaravakkam Police Station Cr. No. 396/2006. and under Sections 341, 323, 324 and 506(2) IPC vide Valasaravakkam Police Station Cr. No. 532 of 2006. These incidents. occurred on 2.7.2006 and 9.9.2006 respectively. Both the cases had been charge-sheeted. The case which was the immediate reason for passing the order of detention (ground case) allegedly occurred on 11.9.2006. It is apparent from the grounds of detention that in 1998 several persons had committed offence under Sections 363, 324, 364 @ 302 IPC and the said murder case was posted for hearing before the Court on 11.9.2006. Some of the accused persons were waiting at the Court to attend trial and since one of the co-accused, namely, Rajadurai, who was in jail custody had not been brought, the Court had asked other accused to wait till the arrival of the co-accused. While the, accused persons were proceeding to take lunch, Tvl. Binu, Radha @ Radhakrishnan, Allavudin, Reagen, Ramesh (present detenu), Jai @ Jaikumar, Sekar @ Chandrasekar, Karuna @ Karunakaran, Hari @ Bangalore Hari, who were armed with knives, ran towards those accused persons. At that time, Thiru. Saravanan, one of the accused facing trial in Madhuravayal Police Station Cr. No. 1126/1998, ran away from the spot, Tvl. Binu, Radha @. Radhakrishnan, Allavudin, Reagen, Ramesh, Jai @. Jaikumar, Sekar @ Chandrasekar, Karuna @ Karunakaran, Hari' @ Bangalore Hari chased Elumalai, another accused, who fell down and raised hue and cry stating that he should not be assaulted. Binu caught Elumalai and asked his associates to cut Elumalai. Other persons including the detenu, gave cut-blows indiscriminately. Public came for Elumalai's rescue, but the assailants threatened the public and subsequently ran away. On the basis of the aforesaid allegation, T-12 Poonamallee Police Station Cr. No. 1009/2006 for offence under Sections 148, 149, 302 and 506(2) IPC was registered. The detenu surrendered before the Judicial Magistrate, Alandur on 14.9.2006 in R9 Valasaravakkam Police Station Cr. No. 532 of 2006 and was remanded till 18.9.2006. Subsequently, the Inspector had taken the detenu on police custody and ultimately had requested the Magistrate to remand the deenu in T-12 Poonamallee Police Station Cr. No. 1009/2006. The remand order was being extended periodically. It was alleged that offence under Sections 148, 149, 302 and 506(2) IPC had been committed.

(3.) In the grounds of detention, the detaining authority recited: