THENMOZHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is brought forth by the wife of the detenu challenging the order of the second respondent in C.M.P. No.3/Goonda/2010/M1 dated 27.3.2010, whereby her husband Kumar was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in six adverse cases viz. (i) Crime No.641 of 2008 registered by Velur Police Station for the offence under Section 380 of the Indian Penal Code; (ii) Crime No.642 of 2008 registered by Velur Police Station for the offence under Section 380 of the Indian Penal Code; (iii) Crime No.229 of 2010 registered by Namakkal Police Station for the offence under Section 379 of the Indian Penal Code; (iv) Crime No.231 of 2010 registered by Namakkal Police Station for the offence under Section 379 of the Indian Penal Code; (v) Crime No.234 of 2010 registered by Namakkal Police Station for the offence under Section 379 of the Indian Penal Code; (vi) Crime No.239 of 2010 registered by Namakkal Police Station for the offence under Section 379 of the Indian Penal Code and one ground case in Crime No.242 of 2010 registered by Namakkal police station for the offence under Section 387 of the Indian Penal Code for the incident that had taken place on 4.2.2010 and the detenu was arrested on the very day, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court.