S PARTHIBAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition has been filed by the detenu against the order of detention, dated 24. 12. 2007 passed by the Commissioner of Police/detaining authority, Coimbatore City, under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders and Slum-Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) THE petitioner has challenged the order of his detention on various grounds, saying that on 27. 11. 2007, when he was going for a walk, the police attached to B-8, Variety Hall Road Police Station, Coimbatore, stopped him and took him into custody for some enquiry, however, kept him in the lock-up and then foisted the ground case, as if the petitioner and one Valli were indulging in immoral traffic offences and on the next day evening, the detenu/petitioner alone was taken to court with a warning that he should not make any complaint against the police and then he was remanded to jail. In the grounds, he has further stated that the alleged fine amount had been paid by some other person in the adverse cases and the signatures found in the receipts available at page numbers 9, 23 and 32 of the Paper Book supplied to him are not his signatures. Further, the fine amount register at page number 33 shows the accused name as Saravanan and his father's name was left blank, which fact was not considered by the detaining authority.

(3.) IN the detention order, dated 24. 12. 2007, three adverse cases under Prohibition of Immoral Traffic Act have been stated. As per the detention order, there are three adverse cases registered against the detenu 1) in Cr. No. 237 of 2006 of Chettipalayam Police Station under Sections 3 (2) (b), 5 (I) (b) and 8 (1) (b) @ 4 (2) (c) and 8 (1) (b) PIT Act, 2) in Crime No. 167 of 2007 of B-5 Singanallur Police Station under Sections 4 (2) (c), 8 (b) PIT Act and 386 IPC and 3) in Cr,no. 57 of 2007 of All Women Police Station (West) Coimbatore under Sections 4 (2) (c), 8 (b) PIT Act. In all the cases, the detenu herein has been stated as convicted and sentenced to pay fine amounts as imposed with default sentence. In the first case, in Cr. No. 237 of 2006 of Chettipalayam Police Station, fine of Rs. 1,000/- was imposed with default sentence. In the second case in Cr. No. 167 of 2007 of B-5 Singanallur Police Station, fine of Rs. 3,0000/- was imposed with default sentence. In the third case relating to Cr. No. 57 of 2007 of All Women Police Station (West), Coimbatore, fine of Rs. 200/- was imposed with default sentence. However, the petitioner/detenu has denied his involvement in the alleged crimes.