DILLI BABU Vs. STATE OF TAMILNADU

JUDGEMENT

(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 24. 3. 2007 came to be passed by the second respondent on the basis of the ground case complaint of which was given by one Sankar. According to the complainant, who is an auto driver, on 3. 3. 2007, when he was returning after dropping some passengers, the detenu intercepted and waylaid his auto at around 0100 Hours and asked him for money. As the complainant refused to give money, the detenu took a sharp knife, placed it on the neck of the complainant and robbed Rs. 350/- from his shirt pocket. The nearby public gathered to catch the detenu, but he threatened to kill the public and ran away from the place. On receipt of the complaint a case was registered in Crime No. 212 of 2007 for the offences punishable under Sections 341, 506 (ii) and 394 IPC. The detenu, after investigation, was arrested on 4. 3. 2007, he admitted his offence. 2. 2. Apart from the above, the detaining authority also took note of the eleven adverse cases pending against the detenu, viz. , Crime Nos. 264, 266 and 270 of 2005 and 183, 192, 204, 205 and 206 of 2007 on the file of Kanchi Taluk Police Station for the offences punishable under Sections 379, 457 and 380 IPC and Crime Nos. 660 of 2005, 501 and 502 of 2006 on the file of Siva Kanchi Police Station for the offences punishable under Sections 380 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 himself has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records pertaining to BDFGISSV No. 22 of 2007, dated 24. 3. 2007, to quash the same and to further direct the respondents to produce the petitioner, detained in Central Prison at Puzhal, Chennai, before this Court and to set him at liberty.