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1993 Supreme(Mad) 68

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE SRINIVASAN & THE HONOURABLE MR. JUSTICE THANGAMANI
Subbiah alias Tiruvotiyur Subbaiyah alias Mahadevan
Versus
The Commissioner ofPolicc, Madras and another
H.C.P.No.443 of 1992
Decided On : 01-02-1993

Advocates:
G.R. Edmund, for Petitioner. I. Subramaniam, Additional Public Prosecutor, for Respondents.

Error in mentioning date of registration of case in the copy supplied to detenu.

Headnote:Preventive detention-Detention order-Wrong mentioning of date of registration of the case in the copy supplied to detenu cannot be held as non-application of mind by the detaining authority.

       

Judgment :-

Srinivasan, J.

This petition is in challenge of an order of detention made by the first respondent under Sec.3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982), familiarly known as the ‘Goondas Act’ in this part of the country (hereinafter referred to as the ‘Goonda Act’). By that order dated 29. 1992 in Memo No.243/ BDFGIS/92 the petitioner was declared to be a goonda within the meaning of the Goondas Act and that there was compelling necessity to detain him in order to prevent him from indulging in such activities which are prejudicial to the maintenance of public order under the said Act.

2. The material facts which are set out in the order of detention are as follows:

"On 11. 1992 at about 02.45 hrs. the Sub Inspector of Police N-3 Muthialpet police station along with his police party conducted vehicle check and noticed the petitioner along with his four associates transporting 55 bags of I.G. arrack sachets in a Matador van bearing No.TMA.7522 at the junction of West Kal-mandapam Road and Grace Garden, Royapu-ram, Madras. When the police party signalled him to stop the said van for check, they speeded their vehicle and tried to escape. When one of the constables tried to stop the van, they dashed against his cycle and thereby attempted to murder him at the spot. One Naveen Chan-dran lodged a complaint in this regard. The petitioner and another by name Krishnan abandoning their van escaped from the spot. The petitioner’s other associates were arrested at the spot and later" released on bail. The case was filed against them and it is pending trial before the court in C.C.No.4872 of 1992".

"On 9. 1992 a police party noticed a lorry bearing registration No.ABC-5209 in C.I.T. Nagar, Mylapore and the petitioner standing near the lorry along with his associates. When the police party was seen the petitioner shouted at the lorry driver to drive the vehicle away. Immediately the vehicle was started. One of the constables got into the lorry when the petitioner and others got into the lorry through the back side. Another constable rushed to the front side and directed the driver to stop the lorry but the latter did not obey. Immediately that constable broke the windscreen by beating it with his lathi. Another constable who tried to get into the lorry was pushed away by the petitioner and was prevented from entering the lorry. Thereafter the lorry proceeded at great speed and dashed against a tree branch as well on route. Two constables followed the lorry in an autorickshaw and the lorry was being driven in a rash and negligent manner. The public who were walking in the nearby roadside noticed the hot chase and ran helter-skelter for safer places. When the lorry reached Greenways Road near the lyyappa temple the petitioner and his associates caught hold of the constable, who entered the vehicle, by his legs and hands and threw him out of the running lorry on the road-side. The said constable fell down on the road and died on the spot. A case was registered in E-1 Mylapore police station in Crime No.2294/92 under Sec.4(1)(a) of the Tamil Nadu Prohibition Act, 1937 and Secs. 147, 363 and 302, Indian penal Code. The case was. taken up for investigation. The petitioner surrendered before the Judicial Magistrate, Arani, on 19. 1992 and he was taken into police custody from 19. 1992 to 29. 1992 by the Inspector of Police, E-l Mylapore police station on requisition made before the Judicial Magistrate, Arani. In the course of investigation the Inspector of Police examined the petitioner and recorded his confessional statement. Later the petitioner was produced before the court on 29. 1992 since investigation against him was completed and he was lodged at central prison, Madras, as a remand prisoner. The investigation into the entire case was not over."

The detention order proceeds to s











































































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