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2010 Supreme(Mad) 3333
High Court of Judicature at Madras
M. CHOCKALINGAM & M. SATHYANARAYANAN
Malarvizhi
Versus
The Secretary to Government (Home), Prohibition & Excise Department, Chennai & Another
HCP. No. 611 of 2010
Decided On : 09-08-2010
For the Petitioner:N. Doraisamy for Varnashree J.P., Advocate.
For the Respondents: Babu Muthumeeran, Additional Public Prosecutor.
Headnote:A. TAMILNADU PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG OFFENDERS, FOREST OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND OFFENDERS, SLUM GRABBERS AND VIDEO PIRATES ACT, 1982 (TN ACT 14 OF 1982) -
Challenge to detention - Detenu involved in 21 adverse cases and one ground case - Detenu arrested in 4 adverse cases and one ground case - HELD, when intimation was· given it was given only regarding ground case and not adverse case - Hence it does not satisfy legal requirements - Order of detention set aside.
(Para 7)
B. TAMILNADU PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG OFFENDERS, FOREST OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND OFFENDERS, SLUM GRABBERS AND VIDEO PIRATES ACT, 1982 (TN ACT 14 OF 1982) -
Challenge to detention - HELD, it is quite clear that on the day of passing detention order, no bail application was filed in anyone of cases - statement of authorities as to bail already granted but without particulars - Observation of authorities that there is real possibility of detenu coming out on bail cannot be said to be any cogent material as required under law - Order of detention set aside.
(Para 9)
Result: Order of detention set aside.
(Order of the Court was made by M. CHOCKALINGAM,J)
Challenge is made to an order of detention made by the second respondent inBDFGISSV No.101/2009 dated 20.10.2009, whereby the husband of the petitioner Ramesh @ Samy @ Thirulogachandar was ordered to be detained under the Act 14 of 1982 branding him as "Goonda".
2. Affidavit filed in support of the petition is perused.The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.
3. Concededly, pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in 21 cases viz.(1)R3 Ashok Nagar Police Station Crime No.747 of 2009 for the offence under Section 380 of the Indian Penal Code; (2)R3 Ashok Nagar Police Station Crime No.830 of 2009 for the offence under Section 380 of the Indian Penal Code; (3) S-7 Madipakkam Police Station Crime No.504 of 2009 for the offences under Sections 454 and 380 of the Indian Penal Code;(4) S-8 Adambakkam Police Station Crime No.580 of 2009 for the offences under Sections 457 and 380 of the Indian Penal Code; (5) S-7 Madipakkam Police Station Crime No.550 of 2009 for the offences under Sections 457 and 380 of the Indian Penal Code; (6) S-8 Adambakkam Police Station Crime No.457 of 2009 for the offence under Section 380 of the Indian Penal Code; (7) J3 Guindy Police Station Crime No.680 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (8) S-15 Selaiyur Police Station Crime No.881 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (9) R-1 Mambalam Police Station Crime No.702 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (10) R-1 Mambalam Police Station Crime No.722 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (11) R-1 Mambalam Police Station Crime No.723 of 2009 for the offences under Sections 457 and511 of the Indian Penal Code; (12) S-8 Adambakkam Police Station Crime No.509 of 2009 for the offences under Sections 454 and380 of the Indian Penal Code; (13) S10 Pallikaranai Police Station Crime No.730 of 2009 for the offences under Sections 454 and380 of the Indian Penal Code; (14) R-3 Ashok Nagar Police Station Crime No.1109 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (15) S-10 Pallikaranai Police Station Crime No.750 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (16) S-13 Chrompet Police Station Crime No.390 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (17) S7 Madipakkam Police Station Crime No.722 of 2009 for the offences under Sections 457, 511 @ 457 and380 of the Indian Penal Code; (18) S-1 St. Thomas Mount Police Station Crime No.989 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (19) S-10 Pallikaranai Police Station Crime No.805 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code; (20) S-10 Pallikaranai Police Station Crime No.837 of 2009 for the offences under Sections 457 and380 of the Indian Penal Code and (21) S-8 Adambakkam Police Station Crime No.585 of 2009 for the offences under Sections 394 and 506(ii) of the Indian Penal Code read with Sections 341, 392 and 506(ii) of the Indian Penal Code and also the ground case in Crime No.768 of 2009 registered by S-7 Madipakkam Police Station for the offences under Sections 341, 294(b), 392, 506(ii) and 397 of the Indian Penal Code for the occurrence that had taken place on 28.9.2009 and he was arrested and remanded to judicial custody on 29.9.2009, the Detaining authority, after recording its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, has made the order under challenge.
4. Advancing arguments on behalf of the petitioner, learned counsel would submit that admittedly, the detenu was arrested in four adverse cases and one ground ca
