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2005 Supreme(Mad) 793

P.K.MISRA, A.R.RAMALINGAM
Kutti Raja @ Raja – Appellant
Versus
Government of Tamilnadu, Rep. by its Secretary & Another – Respondent


Advocates Appeared:For the Petitioner:S. Palanivelayutham, Advocate. For the Respondent: K. Radhakrishnan, Additional Public Prosecutor.

Judgment :-

(Petition under Article 226 of the Constitution of India, praying for issuance of writ of habeas corpus by calling for the records pertaining to the proceedings of the second respondent made in Detention Order No.04/2004, dated 15.10.2004, quash the same and set the petitioner at liberty from Central Prison, Madurai.)

The order of preventive detention under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers Act, 1982 has been challenged by the detenu himself. The order of detention, dated 15.10.2004, is on the allegation that the detenu is a "Goonda" as defined in Tamilnadu Act 14 of 1982.

2. In the grounds of detention, reference has been made to several adverse cases, including Rayappanpatty Police Station Crime No.346 of 2004 registered under Sections 147, 148, 109, 114 and 302 I.P.C. The ground case, on the basis of which the order of detention has been passed, is registered as Rayappanpatty Police Station Crime No.347 of 2004 under Sections 382, 506(ii) (in the grounds of detention indicated as 546(ii)) and 379 I.P.C. In paragraph 7 of the grounds of detention, a ref








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