M ALEX PRABU @ PRABU Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT AND THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) Challenge is made to an order of the second respondent made in Cr.M.P.No.08/2008 dated 22.04.2008, detaining the brother of the petitioner namely Rajini, under Act 14/82 and terming him as Goonda.

(2.) The Court scrutinized the materials available and in particular, the order under challenge and also the counter affidavit filed by the State.

(3.) Pursuant to the recommendation made by the sponsoring authority that the detenu Rajini the brother of the petitioner herein, was involved in three adverse cases namely Tiruchirappalli Navalpattu PS Cr. No. 82/2006 under Sections 147, 148, 341 and 302 of IPC, Tiruchirappalli Tiruverumbur PS Cr. No. 317/2007 under Section 392 @ 397 IPC and Tiruchirappalli Tiruverumbur PS Cr. No. 319/2007 under Section 392 IPC, and also one ground case registered by Navalpattu PS in Crime No. 45/2008 under Section 392 IPC, the detaining authority after scrutinizing the materials available, recorded its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, and hence he was a goonda as defined under Act 14/82, and he must be detained under the said Act, and accordingly, made the order which is the subject matter of challenge before this Court.