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

JUDGEMENT

(1.) Challenge is made to the order of the second respondent, dated 23.07.2008, made in No. 61/BDFGISSV/2008, whereby the order of detention was made against the petitioner under the provisions of the Tamil Nadu Act 14 of 1982, terming him as 'Goonda'.

(2.) Affidavit in support of the application along with the grounds of attack and also the counter affidavit are perused. The Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor on the contentions.

(3.) It is not in controversy that the detenu is involved in two adverse cases viz. (i) Crime No. 737 of 2008 by the B.1 Vilakkuthoon Police Station under Sections 341 and 307 I.P.C.; (ii) Crime No. 671 of 2008 by the Jaihindupuram Police Station under Sections 341, 392 r/w 397 and 506(ii) I.P.C. and apart from the two adverse cases, he is also involved in the ground case in Crime No. 742 of 2008, registered under Sections 392 r/w 397 and 506(ii) IPC on the file of B.1 Vilakkuthoon Police Station. On Scrutiny of the materials placed by the sponsoring authority, the detaining authority made the order of detention, after recording his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and hence, the circumstances and reasons prevailed to make an order under the Tamil Nadu Act 14 of 1982 after terming him as 'Goonda', which is the subject matter of challenge before this Court.