JOSUVA SINGH, S/O JAYA SINGH Vs. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT,; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE AND INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to the order of the 2nd respondent, dated 23.01.2010, whereby the petitioner by name Josuva Singh, was ordered to be detained under 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, branding him as a "Goonda'.

(2.) The affidavit and the materials filed in support of the petition, in particular the order under challenge, are looked into. The Court heard the learned Counsel for the petitioner.

(3.) It is not in controversy that pursuant to the recommendations made by the Sponsoring Authority that the alleged detenu was to be detained under Tamil Nadu Act 14 of 1982, as he was involved in three adverse cases, as detailed below, ----------------------------------------------------------------------------------------- Sl. No. Police Station & Crime Number Provisions of law ----------------------------------------------------------------------------------------- 1. Melapalayam P.S. Crime Number 115/2009 Under Section 381 IPC ----------------------------------------------------------------------------------------- 2. Tirunelveli District Crime Branch Crime Under Sections 384 and No. 78/2009 506(ii)IPC ----------------------------------------------------------------------------------------- 3. Tirunelveli Dist. Crime Branch Cr. No. 01/2010 Under Sections 420 & 506(ii) IPC