MAHAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner Mahamani is the brother-in-law of Chinniah who has been detained as a Goonda under Tamil Nadu Act 14of 1982 in pursuance of an order of detention dated 24-7-1997 passed by the 2nd respondent the District Collector and District Magistrate, Pudukkottai with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) IT will be totally unnecessary to narrate the facts in detail which led to the passing of this impugned order for this H.C.P. will have to be allowed, on the short ground that the detenu will not come within the definition of 'Goonda' as contemplated under Section 2(f) of the Act. Section 2(f) defines 'Goonda'. "Goonda" means a person who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act XVL of 1860)." Two adverse cases registered against the detenue were under Tamil Nadu City Police Act and U/s 160 CPC. The first adverse case registered against the detenue was under Section 75(l)(c) of the Tamil Nadu City Police Act whereas the second adverse case registered in Pudukottai Police Station in Crime No. 348 of 1995 under Section 160 I.P.C. which falls under Chapter VIII of I.P.C. However the ground case is under Sections 147,148, 341, and 302 I.P.C. There is no material to show except the ground case that the detenue was involved in any other case which falls within the purview of Section 2(f) so as to make him as a goonda and that being so the impugned order of detention passed by the 2nd respondent is liable to be set aside. The impugned order of detention is set aside and the detenue is directed to be set at liberty forthwith unless his detention is otherwise required. The H.C.P. is allowed.