ABDUL RAHMAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE order dated 27. 2. 2007, passed by the second respondent, dubbing one Balan @ Kovai Balan, son of Govindasamy, as an Immoral Traffic Offender and directing his detention 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), is challenged in this writ petition by a friend of the detenu.

(2.) ACCORDING to the detaining authority, viz. , the second respondent, the ground case is said to have taken place on 19. 2. 2007 at 17. 00 hours on the basis of the complaint lodged by one Suresh @ Moses. According to the complainant, when he was waiting for bus at Gandhipuram, a person came and solicited him for prostitution by showing a woman. When he refused, the said person threatened him by showing a knife and the said lady snatched a sum of Rs. 500/- from his pocket. Based on the complaint, a case was registered in Crime No. 242/2007 under Section 4 (2) (c) and 8 (b) of ITP Act and Section 386 of IPC on the file of B4 Race Course Police Station and the detenu along with three accused was arrested on 19. 2. 2007 and remanded to judicial custody.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there is an adverse case pending against the detenu for the offence punishable under Section 4 (2) (c) of ITP Act in Crime No. 602/2006 on the file of B4 Race Course Police Station, and having satisfied that there is a compelling necessity to detain him 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 an Immoral Traffic Offender.