LAWS(MAD)-2017-6-136

MANOJ @ MOLU MUKKIYA Vs. GOVERNMENT OF TAMIL NADU.

Decided On June 30, 2017
Manoj @ Molu Mukkiya Appellant
V/S
Government Of Tamil Nadu. Respondents

JUDGEMENT

(1.) This Habeas Corpus Writ Petition is directed against the detention order dated 19.09.2016 passed by the Commissioner of Police, Greater Chennai, detaining one Manoj @ Molu Mukkiya, S/o.Sonaimukkiya, Peerol Village, Bantot Police Station, Madhubani District of State of Bihar.

(2.) The Detaining Authority is satisfied that the aforesaid individual answers the expression 'Goonda' as defined in Section 2(f) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) [for short "Act" henceforth]. The grounds of detention were also drawn on the same day.

(3.) It appears one Ashok Dugar, S/o.Fathechand, residing at No.30, Thanikachalam Road, T.Nagar, Chennai, lodged a complaint with Mambalam Police Station on 29th of April 2016, complaining of burglary of his house in his absence in the intervening night of 28th and 29th of April 2016. Accordingly Crime No.5 of 2016 registered and investigation is taken up and it is during the course of said investigation, the detenu was arrested on 5th of June 2016, at Usarar Village within the limits of Ruthrapur Police Station, Bihar. He was produced before the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani District, Bihar, on 06.06.2016 and upon obtaining Transit Warrant, he was produced before XVII Metropolitan Magistrate, Saidapet, Chennai, on 12th June 2016, who initially remanded him to judicial custody till 24th of June 2016 and accordingly he came to be lodged in Central Prison, Puzhal, Chennai.