S DURAISAMI Vs. STATE

JUDGEMENT

(1.) THE detenu, by name Udhayan @ Udhayaraja, son of the writ petitioner has been detained by an order dated 8/3/2007 of the Commissioner of Police, Madurai City, the second respondent herein, in his proceedings No. 8/bdfgissv/2007, on the allegation that he is a Goonda. The father of the detenu has filed this habeas corpus petition under Article 226 of the Constitution of India, challenging the above order of detention.

(2.) WE have heard the arguments advanced by Mr. R. Alagumani, learned counsel appearing for the petitioner and also by Mr. S. P. Samuel Raj, learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

(3.) CITING two adverse cases and a ground case, the detention order was passed by the second respondent in exercise of the powers conferred on him under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ). Therein the detenu has been described to be a Goonda. The two adverse cases registered against the detenu are (i) Crime No. 1226/2005 registered on the file of B-11 Karimedu Police Station, Madurai for alleged offences punishable under Sections 397 and 506 (ii) IPC and (ii) Crime No. 2403/2005 registered on the file of the very same police station for alleged offences punishable under Sections 387 and 506 (ii) IPC. The ground case is Crime No. 371/2007 registered on the file of C-5 Karimedu Police Station for alleged offences punishable under Sections 397 and 506 (ii) IPC. The order of detention has been approved by the Government of Tamil Nadu on 16. 03. 2007 vide G. O. No. 690/home, Prohibition and Excise (ix ).