THENMOZHI Vs. STATE REP BY THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR AND THE SECRETARY, GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) Challenge is made to the order of the first respondent dated 05.08.2008 made in Cr.M.P. No. 13 of 2008 whereby the husband of the petitioner was detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest offenders, Goondas, Immoral Traffic offenders, Sand offenders, Slum Grabbers and Video Pirates Act, 1982, (Tamil Nadu Act 14 of 1982) (hereinafter referred as the Act), terming him as a 'Goonda' as defined under the Act.

(2.) The Court heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondents and also looked into all the materials including the order under challenge and also the counter affidavit filed by the State.

(3.) The order under challenge came to be passed on the strength of the recommendation made by the sponsoring authority that the detenu was involved in a case registered in Cr. No. 424 of 2008 under Sections 295(A), 153(A), 505 IPC and 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 on the file of the Karaikudi North Police Station, Sivagangai District on 26.07.2008 as an adverse case and he was also involved in another case registered in Cr. No. 427 of 2008 under Sections 147, 336 and 427 IPC on the file of the Karaikudi North Police Station, Sivagangai District on 27.07.2008.