KASTHURI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS petition has been filed against the order of detention, dated 15.09.2008 made in B.D.F.G.I.S.S.V.No.68 of 2008 passed by the District Collector/detaining authority, Kancheepuram under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders and Slum-Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982) and to set the detenu at liberty.

(2.) THE petitioner who is the mother of the detenu has challenged the order of detention on various grounds. As per the impugned detention order dated 15.092008, it is seen that there is one adverse case registered against the detenu in Crime No.129 of 2008 on the file of the Otteri Police Station under Sections 147, 148, 341 and 302 IPC. As per the ground case on 02.08.2008 at about 14.00hrs. When the defacto complainant Muthu along with his friend was walking on Vandalur lake bund towards Vandallur, the detenu, who came there, threatened the defacto complainant at the point of knife and took away Rs.270/- from his shirt pocket and also assaulted him by Aruval, which was averted by immediately the complainant by bending and thus escaped from the attack. It is further alleged that associates of the detenu hit with the wooden logs on the road and showed their aggressions and thereby committed offence. Subsequently, the defacto complainant went to Otteri Police Station and lodged a complaint at about 16.00hrs., on the said date. Based on the complaint, a case in Otteri Police Station Crime No.130 of 2008, under Sections 147, 148, 294(b), 397, 307 IPC, was registered against the detenu and other accused.

(3.) IT is seen from the arrest report prepared under Section 62 of the Cr.P.C. available at Page No.113 B of the typed set that the detenu was arrested on 03.08.2008 at 15.00hrs., near the pathway of Vandallur lake in connection with Crime No.129 of 2008. But as per the arrest report prepared under Section 62 Cr.P.C., available at Page No.175 of the typed set supplied, the detenu was arrested on 03.08.2008 at 15.00hrs., near Vandallur Railway gate in connection with Crime No.130 of 2008. As contended by the learned counsel appearing for the petitioner, the detenu could not have been arrested on the same day, at the same time in two different places, as stated by the respondent in the aforesaid two documents that are available in the typed set supplied to the detenu one at Page No.113 B and another at Page No.175.