DALVEER BHANDARI, HARJIT SINGH BEDI
K. K. Saravana Babu – Appellant
Versus
State of Tamil Nadu – Respondent
Judgment
Dalveer Bhandari, J. —
1.Leave granted.
2.This appeal is directed against the Judgment of the High Court of Madras passed in Habeas Corpus Petition No.1677 of 2007 on 29th April, 2008.
3.The detenu has challenged the detention Order under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) passed vide Order No. 360/07 dated 28.8.2007.
4.The detenu is involved in a land grabbing case registered at St. Thomas Mount Central Crime Branch Cr. No. 70/2006 under sections 420, 465, 468 read with 471 and 120(B) IPC and the said case is pending trial before the court. Subsequently another case was registered against the detenu during 2007 in Central Crime Branch, Chennai City X Crime No. 364/2007 under sections 420, 465, 466, 467, 468 read with 471 and 120(B) IPC for the offence of land grabbing and his activities are said to have been adverse to the interest of the land owners and prospective buyers. The modus operandi of the detenu in both the cases is land grabbing in a clandestine manner. The detainin
Brij Bhushan & Another v. The State of Delhi (1950) SCR 605 – Relied upon. (Para 15)
Romesh Thappar v. The State of Madras (1950) SCR 594 – Relied upon. (Para 16)
Dr. Ram Manohar Lohia v. State of Bihar & Others (1966) 1 SCR 709 – Relied upon. (Para 18)
Commissioner of Police & Others v. C. Anita (Smt.) (2004) 7 SCC 467 – Relied upon. (Para 28)
Pushkar Mukherjee & Others v. The State of West Bengal
Arun Ghosh v. State of West Bengal (1970) 1 SCC 98 – Relied upon. (Para 19)
In Dipak Bose alias Naripada v. State of West Bengal (1973) 4 SCC 43 – Relied upon. (Para 22)
Kuso Sah v. The State of Bihar & Others (1974) 1 SCC 185 – Relied upon. (Para 23)
Ashok Kumar v. Delhi Administration & Others (1982) 2 SCC 403 – Relied upon. (Para 24)
Ramesh Yadav v. District Magistrate
Binod Singh v. District Magistrate, Dhanbad
In R. Kalavathi v. State of Tamil Nadu (2006) 6 SCC 14 – Referred. (Para 29)
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