LAWS(MAD)-2007-7-349

LATHA Vs. STATE

Decided On July 18, 2007
LATHA Appellant
V/S
STATE, REP. BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, Respondents

JUDGEMENT

(1.) CHALLENGE in this Habeas Corpus Petition is the detention order dated 12. 02. 2007, whereby, the Petitioner's husband, viz. , G. Muthu, was detained under T. N. Act I4/82, branding him as "goonda" as contemplated under Section 2 (f) of the Act.

(2.) THE detenu had earlier come to adverse notice for various cases of C. 2 Elephant Gate Police Station in Cr. Nos. 19, 23, 622, 674, 715/2006 and 48/2007. The immediate cause for passing the detention order was the occurrence on 23. 01. 2007, on which date, the detenu is alleged to have wrongfully restrained the de facto complainant and is also alleged to have fisted him over his abdomen and is alleged to have hurled bottles and attempted on the life of the de facto complainant. On the Complaint lodged, a case was registered in Cr. No. 51/2007 U/s. 34i, 324, 336, 307, 427 and 506 (ii) IPC. On being satisfied that the detenu has acted in a manner prejudicial to the maintenance of public order, the detention order was clamped on the detenu.

(3.) EVEN though several contentions were raised and argued as well, the learned counsel for the Petitioner mainly contended that the delay in consideration of representation and serving the rejection letter on the detenu would vitiate the detention order.