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2012 Supreme(Mad) 2452

S.RAJESWARAN, M.VIJAYARAGHAVAN
K. Bala – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government – Respondent


Advocates appeared:
For the Petitioner:N.R. Elango, Senior Counsel for S. Ravi, Advocate.
For the Respondents: C. Ramesh, Additional Public Prosecutor.

Judgment :-

S.RAJESWARAN,J.

1. This Habeas Corpus petition has been filed by the wife of the detenu E.Kombaiah, challenging the order of detention dated 16.02.2012 passed by the second respondent 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) branding the petitioner's husband as a 'Goonda' and directing him to be detained at Central Prison, Palayamkottai.

2. Though many grounds have been raised by the petitioner to assail the order of detention in this petition, the learned Senior Counsel appearing for the petitioner would confine his arguments only to the salient point that no order of detention can be passed based on the ground case alone branding a person as 'Goonda'. He adds that a single act cannot be characterized as habitual act and the same would not attract the provisions of Section 2(f) of the Act 14 of 1982 to brand a person as goonda. His specific contention is that one single case against an individual may not have the propensity of affecting the maintenance of public order an


































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