HCP/1327/2007 of SUDALAIMANI Vs STATE OF TAMIL NADU REP BY on 20 December 2007

O R D E R

(Order of the Court was made by P.D.DINAKARAN,J.)

The second respondent herein clamped an order of detention asagainst the detenu – Sudalaimani, son of Perumal Nadar, as the saidauthority arrived at the subjective satisfaction that the saiddetenu is a Goonda and he has to be detained under Section 3(1) ofthe Tamil Nadu Prevention of Dangerous Activities of Bootleggers,Drug Offenders, Forest Officers, Goondas, Immoral TrafficOffenders, Sand Offenders, Slum Grabbers and Video Pirates Act,1982 (Tamil Nadu Act 14 of 1982).

2. Challenging the abovesaid detention, the detenu has comeforward with the present Habeas Corpus Petition seeking a writ ofhabeas corpus to call for the records pertaining to the detentionorder passed against him by the second respondent in ProceedingsNo.343/BDFGISSV/07, dated 17.7.2007, set aside the same and todirect the respondents to produce the body of the detenu, nowdetained at Central Prison, Puzhal, Chennai before this Court andset him at liberty.

3.1. On the basis of a complaint lodged by one Mani that on25.6.2007 at about 3.00 p.m., when he was proceeding at thejunction of North Usman Road and Parthasarathypuram with his mobilecart, the detenu threatened him at the knife point and forciblytook Rs.470/- from his shirt pocket and also threatened the publicwho came for his rescue that they would be killed and hurled thesoda water bottles against them and made them to run on all sidesseeking shelter resulting in traffic dislocation, the detenu wasarrested and a case was registered in Crime No.394/2007 on the fileof R4 Pondy Bazaar Police Station, for the offence punishable underSections 341, 336, 427, 392 and 506(ii) IPC.

3.2. The second respondent, taking note of the above case as aground case and two adverse cases pending against the detenu inCrime Nos.566/2007 on the file of R1 Mambalam Police Station forthe offences punishable under Sections 341, 385 and 596(ii) IPC and389/2007 on the file of R4 Pondy Bazaar Police Station for theoffences punishable under Sections 341, 326 and 307 IPC and havingsatisfied that there is a compelling necessity to detain the detenuin order to prevent him from indulging in the activities which areprejudicial to the maintenance of public order, ordered hisdetention dubbing him as a Goonda.

4. The learned counsel for the petitioner challenges theimpugned order of detention dated 17.7.2007 on the ground of non

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application of mind on the part of the detaining authority, as thedetaining authority had not taken note of the fact that thespecific plea raised by the detenu in his representation addressedto the Government dated 10.8.2007 that the detenu was taken by thepolice attached to R4 Pondy Bazaar Police Station on 23.6.2007 andnot on 25.6.2007, as mentioned in the detention order, was notconsidered in the rejection order dated 24.8.2007.

5. We have perused the entire materials placed before us.Even though in the grounds of detention, it was stated that thedetenu was arrested on 25.6.2007 with respect to the ground case,in the representation of the detenu dated 10.8.2007, he hadspecifically stated that he was taken on 23.6.2007 by the Policeand was kept under their custody till 25.6.2007 and thereafter, afalse case was foisted against him. However, the first respondent,while passing the order of rejection dated 24.8.2007 rejecting therepresentation of the detenu dated 10.8.2007, had not consideredthe contention raised by the detenu as to the arrest of the detenu.

6. We are, therefore, satisfied that the detaining authorityhad not taken note of the above fact, which shows the nonapplication of mind on the part of the detaining authority.Accordingly, the order of detention dated 17.7.2007 is vitiated andthe same is set aside. The detenu Sudalaimani is directed to beset at liberty forthwith unless his presence is required inconnection with any other case.

ATR

Sd/Asst.Registrar

/true copy/

To

Sub Asst.Registrar

1. The Secretary to Government of Tamil Nadu Home, Prohibition and Excise Department Fort St. George, Chennai-600 009.

2. The Commissioner of Police Greater Chennai Office of the Commissioner of Police Egmore, Chennai.

3. The Inspector of Police R-4 Pondy Bazaar Police Station Chennai.

4. The Superintendent Central Prison Puzhal, Chennai.

5. The Joint Secretary to the Government of Tamil Nadu, Public (Law and Order) Department, Fort St George, Chennai 9.

6. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr. J. Divagar, Advocate SR No. 75761NG(CO)SR/7.1.2008

HCP No.1327 of 2007