ASHOK ALIAS SAKKARAI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) PETITIONER has challenged the order of detention dated 12. 2. 2007, passed against him by the second respondent in 48/bdfgissv/2007, branding him as 'goonda' 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 ).

(2.) ON the basis of the complaint lodged by one Idayadullah, that on 13. 1. 2007 at about 18. 00 hours, the detenu along with another wrongfully restrained him and threatened at the point of knife to hand over his money and when refused, beat him and took away cash of Rs. 405/- and also snatched his wrist watch and that when the public came to his rescue on hearing his hue and cry, the detenu hurled the soda bottles against the public, which scattered all over the road and thus, created terror and panic at the spot and fled from the scene, a case was registered in Crime No. 33/2007 on the file of J. 9 Thuraipakkam Police Station, for offences punishable under Sections 341, 392, 427 and 506 (2) IPC. During investigation, the detenu was arrested and sent to Court for judicial remand.

(3.) TAKING into consideration the above said ground case as well as eight adverse cases on the file of same police station, viz. , in Crime Nos. 832/2004 for offences under Sections 457, 380 IPC. , 943/2004 for the offence under Section 380 IPC. , 948/2004 for offences under Sections 457, 380 IPC. , 19/2005 for offences under Sections 454, 380 IPC. , 5/2005 for offence under Sections 457, 380 IPC. , 987/2006 for the offence under Section 379 IPC. , 1224/2006 for offences under Sections 341, 326, 506 (2) IPC. and 12/2007 for the offence punishable under Section 302 IPC. , the second respondent, having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a 'goonda'.