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1988 Supreme(Mad) 155

K.M.NATARAJAN, S.A.KADER
Mohan – Appellant
Versus
State of Tamil Nadu represented by its Special Commissioner and Secretary to Government, Madras-9 – Respondent


Advocates Appeared:
R.Subadradevi, for Petitioner.
Public Prosecutor, for Respondents.

JUDGMENT

Kader, J. :

This petition has been filed by the detenu himself under Art.226 of the Constitution of India, for quashing the order of detention passed against him by the second respondent, Commissioner of Police, Madras City, under Sec.3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bottleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 14 of 1982, with a view to preventing him from. acting in any manner prejudicial to the maintenance of public order.

2. Mrs.R.Subadradevi, learned counsel for the petitioner, canvassed before us that the facts of the ground case attributed to the petitioner do not constitute acts prejudicial to the maintenance of public order, they are only acts detrimental to the maintenace of law and order and hence the provisions of Sec.3(1) of the Act have no application.

3. The facts of the ground are thus: On 16.6.1987 at 6.00 p.m., Thiru Govindarajulu, a resident of No.4, Pidariyar Koil Street, Madras, was proceeding a the junction of Govindappa Naicken Street and Anna Pillai Street. The petitioner came towards him and asked him to stop. On Govindarajulu stopping, the petitioner asked him to come near him and






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