SUGU ALIAS SUGUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 17. 10. 2005, detaining him as � goonda as contemplated under the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas , Immoral Traffic Offenders, Slum Grabbers and Video pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) HEARD learned counsel for the petitioner as well as learned additional Public Prosecutor for the respondents.

(3.) IN the light of the said contention, we verified the details relating to the adverse case occurrence that took place on 10. 01. 2005 and the ground case occurrence that took place on 08. 08. 2005. The particulars furnished in the Special Report show that the adverse case relates to Crime no. 120 of 2005 and the offences referred to therein are punishable under sections 147, 148, 341, 324, 326, 307 and 506 (ii) IPC ; on the other hand, ground case Crime No. 1384 of 2005 relates to the offence punishable under Section 302 IPC. It is not in dispute that the Detaining Authority was aware of the details regarding remand etc. in respect of adverse case Cr. No. 120 of 2005 as also the particulars pertaining to ground case Crime No. 1348 of 2005. The authority also took note of the fact that the ground case relates to a graver offence, viz. , under section 302 IPC. , and relied on the same while arriving at the conclusion regarding the imminent possibility of the detenu coming out on bail. IN such circumstances, the decision of the Detaining Authority cannot be faulted with.