IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 8.1.2008 CORAM THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI H.C.P.No.1671 of 2007 Nirmala .. Petitioner Vs. 1. The State of Tamil Nadu rep. by its Secretary to Government Prohibition & Excise Department Chennai-9. 2. The Commissioner of Police Egmore, Chennai – 8. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue Habeas Corpus as stated therein. For Petitioner : Mr.C.V.Kumar For Respondents : Mr.N.R.Elango Addl. Public Prosecutor 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 as against the detenu – Gopi, son of the petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and he has to be detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982). 2.1. The order of detention dated 11.9.2007 came to be passed by the second respondent on the basis of the ground case in Crime No.598 of 2007 on the file of Abiramapuram Police Station for the offences punishable under Sections 307, 353, 336, 427 and 506(2) IPC, which was https://hcservices.ecourts.gov.in/hcservices/ registered under the following circumstances. On 12.8.2007 at about 0730 hours, the Sub Inspector of Police, Law and Order, Abiramapuram Police Station along with her police party were conducting vehicular check at the junction of Kamaraj Salai and Srinivasa Avenue. At that time, they received a message from the control room to secure two suspicious persons moving in a motor cycle Bajaj Pulsar Black Colour bearing Reg.No.TN-05-K-0144. At around 0900 hours, the police party found the motor cycle and stopped the same. The detenu, who was sitting in the backside of the motorcycle, threatened the Sub Inspector of Police, took out a knife and rushed to stab on her stomach, but she escaped from the said attack. At that time, the other police personnel, who were doing vehicular check, came for her rescue and tried to apprehend them. The detenu rushed to nearby shop, picked up cool drink bottles and hurled the same on the road. The public who were at the spot noticed the atrocious activities and ran for safer places out of fear of danger to their lives and properties. Taking advantage of the situation the detenu and his associate, left the vehicle, and ran towards the northern direction. The police personnel chased them and apprehended the detenu, while his associate escaped. A case was registered and the detenu was remanded. 2.2. Apart from the above, the detaining authority also took note of four adverse cases pending against the detenu, viz.,Crime No.481 of 2007 on the file of Abiramapuram Police Station for the offence punishable under Section 379 IPC, Crime Nos.878 and 988 of 2007 on the file of Teynampet Police Station for the offences punishable under Sections 420, 323, 353 and 332 IPC; and Crime No.770 of 2007 on the file of Thiruvanmiyur Police Station for the offence punishable under Section 379 IPC. 2.3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order. 3. Challenging the said detention, the mother of the detenu has preferred this Habeas Corpus Petition seeking a writ of habeas corpus to direct the respondents to produce the detenu before this Court, now confined in Central Prison, Chennai and to call for the records of the respondents relating to the order of detention vide proceedings No.369/BDFGISSV/2007, dated 11.9.2007, to set aside the same and to set the detenu at liberty. 4. Heard the learned counsel for the petitioner and Mr.N.R.Elango, learned Additional Public Prosecutor for the respondents. 5. The main contention of the learned counsel for the petitioner https://hcservices.ecourts.gov.in/hcservices/ is that even though as per the detention order the detenu was arrested on 12.8.2007, in the representation made on behalf of the detenu on 27.9.2007 it had been specifically alleged that the detenu was arrested on 5.8.2007 itself, i.e., seven days prior to the date of occurrence of the ground case and kept under illegal custody, but the said point was not at all considered while disposing the said representation by order dated 5.11.2007, and therefore, the order of detention is vitiated. 6. A perusal of the detention order discloses that the detenu was arrested on 12.8.2007. However, in the representation made on behalf of the detenu dated 27.9.2007 it was specifically alleged that the detenu was arrested on 5.8.2007 and kept under illegal custody for seven days. But, the Government, while disposing of the said representation by order dated 5.11.2007 had not considered the said contradiction with regard to the date of arrest raised on behalf of the detenu. In our considered opinion, the non-consideration of the said vital aspect of the case, viz., as to the date of the arrest, when a serious dispute is raised, vitiates the detention order. For the reason aforesaid, the impugned order of detention is vitiated and as such, the same is liable to be set aside and accordingly, the same is set aside. This petition is allowed. The order of detention dated 11.9.2007 is set aside. The detenu is directed to be set at liberty forthwith unless his presence is required connection with in any other crime. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sasi https://hcservices.ecourts.gov.in/hcservices/ To: 1. The Secretary to Government State of Tamilnadu Prohibition and Excise Department Fort St.George, Chennai-9. 2. The Commissioner of Police Egmore, Chennai-8. 3. The Public Prosecutor High Court, Madras. 4.The Superintendent, Central Prison, Puzhal, Chennai. 5.The Joint Secretary to Government Public (Law & Order) Fort St.George, Chennai-9. VRK (CO) km/1.2. H.C.P.No.1671 of 2007 https://hcservices.ecourts.gov.in/hcservices/