ASHOK KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Challenging the order of detention dated 28.6.2007 made in Memo No.267/2007, passed by the second respondent branding the petitioner as a 'goonda' under the provisions 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), the petitioner, who is now confined in Central Prison, Puzhal, Chennai-66, has filed this Habeas Corpus Petition to set aside the order of detention and directing the respondents to produce him before this Court and set him at liberty.

(2.) The ground case based on which the impugned order of detention has been passed is that on 19.6.2007 at 11.00 pm, when one Kumar (complainant) was running his mobile canteen, the detenu and his associates had tiffin and did not pay money. When the complainant asked money, they beat him. The public who were taking tiffin came for his rescue, but the associate of the detenu took out a knife, brandished the same and threatened the public. The detenu picked up eatables and threw the same on the road and threw the side dishes on the road. The detenu took away Rs.400/- kept in the cash box. Taking advantage of the panic situation, the detenu and his associates escaped. Based on the complaint given by the complainant, a case in Crime No.905 of 2007 was registered for offences punishable under Sections 341, 323, 427, 392 and 307 I. P. C. , the case was taken up for investigation, the detenu was arrested and sent for judicial remand.

(3.) Taking into consideration the above said ground case as well as four adverse cases, which are all for the offence punishable under Sec.379 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.