B GUNA ALIAS GUNASEKARAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE first respondent herein clamped an order of detention as against the petitioner herein, as the said authority arrived at the subjective satisfaction that the petitioner is a Goonda and has to be detained under the provisions 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.) THE order of detention dated 13. 2. 2007 came to be passed by the first respondent on the basis of the ground case in Crime No. 130 of 2007 on the file of B2, R. S. Puram Police Station for the offence punishable under Section 397, IPC, complaint of which was given by one Chandrasekar. The complainant was running a tiffin stall in a pushcart near Thadagam Road-Maruthamalai Road Junction. On 22. 1. 2007, at about 9. 45 pm, the detenu and his associate, came in a motor cycle and demanded Rs. 500/ -. When the complainant refused, the associate took a knife from his waist and threatened to slit his throat. At that time, the detenu forcibly took Rs. 500/- from his shirt pocket. The complainant, along with three others, tried to catch the detenu and his associate. Immediately, the detenu and his associate threatened them that they would be done away if they approach them. On noticing the atrocious activities of the detenu and his associate, ran for safer places fearing danger to their lives, resulting in traffic dislocation.

(3.) CHALLENGING the said detention, the cousin brother of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order in C. No. 11/g/is/2007, dated 13. 2. 2007 passed by the first respondent herein, to quash the same and to direct the respondent to produce the detenu, now detained in Central Prison, Coimbatore and to set him at liberty.