GUNA @ GUNASEKARAN Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY, HOME, PROHIBITION AND EXCISE (XVI) DEPARTMENT; COMMISSIONER OF POLICE; SUPERINTENDENT OF PRISON AND THE SECRETARY, ADVISORY BOARD

JUDGEMENT

(1.) This Writ Application challenges the order of the second respondent made in C.P.O/T.C./I.S/D.O. No. 33/2008 dated 16.7.2008 whereby the detenu was ordered to be 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) branding him as a "Goonda".

(2.) The Court heard the learned Counsel appearing for the petitioner and looked into all the materials available including the order under challenge.

(3.) Pursuant to the recommendation made by the sponsoring authority that the detenu was involved in five adverse cases viz., Crime No. 234/2006 under Section 457 and 380 IPC registered by Thanjavur East P.S.; Crime No. 261/2006 under Section 379 r/w 75 IPC registered by Thanjavur East P.S.; Crime No. 17/2008 under Section 457 and 380 IPC registered by Srirangam Police Station; Crime No. 60/2008 under Sections 457 and 380 IPC registered by Srirangam Police Station; Crime No. 192/2008 under missing altered into Section 379 of the IPC registered by Srirangam P.S. and in one ground case in Crime No. 306/2008 under Sections 392 and 506(ii) of the IPC registered by Srirangam Police Station, after looking into the materials available, the detaining authority recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order and that he should be detained as a "Goonda" and accordingly, made the order of detention, which is the subject matter of challenge before this Court.