SANKAR Vs. STATE OF TAMIL NADU REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND THE DISTRICT COLLECTOR AND THE DISTRICT MAGISTRATE

JUDGEMENT

(1.) Challenge is made to an order of detention made by the second respondent in Cr.M.P. No. 25 of 2008 dated 25.07.2008 whereby the petitioner, V. Sankar, 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) (hereinafter referred as the Act) terming him as a 'Goonda' under the provisions of the Act.

(2.) Perused the entire materials including the order under challenge, affidavit filed in support of the application along with the grounds of attack and also the counter affidavit filed by the State.

(3.) Admittedly, pursuant to the recommendations made by the sponsoring authority that the petitioner is involved in three adverse cases namely; Cr. No. 18/2007 on the file of the Karur Vellianai Police Station, for the offence under Sections 120(b), 302 r/w 34 and 109 IPC; Cr. No. 916/2007 on the file of the Pasupathipalayam Police Station, for the offence under Section 387 IPC; Cr. No. 737/2008 on the file of the Pasupathipalayam Police Station, for the offence under Section 363 IPC and also involved in a ground case registered in Cr. No. 303/2008 on the file of the Vangal Police Station for the offence under Section 387 IPC, the detaining authority after scrutinising the materials available in entirety recorded his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and hence he was to be detained under the Act and accordingly made the order. The same is subject matter of challenge in this habeas corpus petition.