PANCHALI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) By this petition, challenge is laid to the order of detention dated 16.04.2017 passed in C.M.P.No.23/Goonda/C2/2017 by the second respondent in exercise of his powers conferred under Section 3(1) 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 (in short ' Tamil Nadu Act 14 of 1982). The said detention order has been passed under Section 2 (f) of the Tamil Nadu Act 14 of 1982, branding the detenu as a "Goonda ".

(2.) The petitioner, who is the mother of the detenu, has assailed the order of detention on the ground that it has been passed without application of mind and contrary to law.

(3.) The detaining authority has noted in the impugned order three adverse cases (Cr.Nos.64/2014, 137/2014 and 332/2015) pertaining to the detenu. Insofar as the subject case is concerned, which has led to the detention of the detenu under the provisions of Tamil Nadu Act 14 of 1982, the same has been registered as Cr.No.553/2016. In so far as this case is concerned, the detenu is accused of having committed an offence under Section 392 of the Indian Penal Code.