N BANUMATHI Vs. SECRETARY, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) Challenge is made to the order of detention passed by the second Respondent, dated 09.02.2018 vide proceedings in C.M.P.No.03/Goonda/2018/M1, whereby, the husband of the petitioner by name K. Nanthakumar, Son of Kondappan, aged 39 years, was ordered to be detained under the provisions of The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offendes, Goondas, Immoral Traffic Offenders, Slum-grabbers and Video Pirates Act (Tamil Nadu Act 14 of 1982).

(2.) As per the grounds of order of detention, dated 09.02018 passed by the second respondent, the detenu was detained under the aforesaid Act, since a criminal prosecution is initiated against him in Crime No.491 of 2017 of Namagiripettai Police Station for the offences punishable under Section 365, 506(ii), 302 and 201 IPC r/w 3(i) and 3(2) sub clause (v) (a) of SC/ST Prevention of Atrocities Act, 1989. As per the FIR the detenu along with the other accused abducted one Suresh on 24.10.2017 demanding a ransom of Rs.42,000/- and also beat him up with a bamboo stick as a result of which, the victim Suresh died on 28.10.2017. Thereafter, the detenu and the other accused took the body of the deceased in a Scorpio car bearing Registration No.TN-47-K-9217 belonging to the co-accused Dhanasekar and shifted the body into a lorry bearing Registration No.TN-28-AP-0252 near Rayarpalayam and threw away the body in Thimbam Forest on Sathyamangalam-Mysore Road. The detenu was thereafter arrested in the said Crime number.

(3.) Mr.A. Saravanan, learned counsel representing Mr.G.Murugendran, appearing on behalf of the petitioner contended that the order of detention passed by the second respondent is vitiated for the following grounds: