IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.1.2008 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI H.C.P.No.1744 of 2007 Suresh .. Petitioner Vs 1. The State of Tamil Nadu rep. by its Secretary to Government Home, Prohibition and Excise Department Fort St. George, Chennai-600 009. 2. The Commissioner of Police Greater Chennai Egmore, Chennai 8. .. Respondents ----- Petition filed under Article 226 of the Constitution of India for issue of Writ of Habeas Corpus as stated therein. ----- For Petitioner : Mr.G.Natarajan For Respondents : Mr.N.R.Elango Addl. Public Prosecutor ----- O R D E R (Made by P.D.DINAKARAN,J.) The detenu, Suresh, son of Madhavan, aged about 30 years, was incarcerated by order dated 5.10.2007 of the second respondent under the provisions of 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 (Tamil Nadu Act 14 of 1982) branding him as a Goonda, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in Memo No.382/BDFGISSV/2007, to https://hcservices.ecourts.gov.in/hcservices/ quash the same and to produce him, who is now confined at Central Prison, Chennai, before this Court and set him at liberty. 2. The ground case said to have taken place on 4.9.2007. On that day, at about 6.30 pm, one kumar was proceeding at the junction of CTH Road and FCI junction, the detenu wrongfully restrained him by using filthy language and at the knife point, threatened him to hand over the money. When he refused, the detenu kicked on his stomach with his right leg and the complainant fell down. The detenu voluntarily inserted his hand into the shirt pocket of the complainant and took away Rs.280/- forcibly. The complainant raised hue and cry and the public rushed to the spot. On noticing the public, the detenu threatened them that he would do away them by waving the knife in all directions. He also picked up jelly stones from the roadside and pelted the same against the public, which fell and scatted all over the roadside. On noticing the atrocious activities, the public ran for safer places fearing danger to their lives, resulting in traffic dislocation. Hence, a complaint was lodged and a case was registered in Crime No.1384/2007 on the file of T9, Pattabiram Police Station under Sections 341, 336, 392, 397, 307 and 506(2), IPC. 3. The second respondent, taking note of this case as a ground case and finding that there are four adverse cases pending against the detenu in Crime No.551/06 on the file of Avadi Railway Police Station and Crime Nos.460/07, 1152/07 and 1379/07 on the file of Pattabiram Police Station for the offence under Section 294(b), 323 read with 506(2), 324, 307, 392 and 399, IPC, ordered his detention dubbing him as a Goonda. 4. The learned counsel for the petitioner challenges the impugned order of detention dated 5.10.2007 on the only ground of pre-determination of mind on the part of the sponsoring authority, as evident from the request made by the sponsoring authority for issuance of a certificate as to the remand of the detenu, wherein he had stated that steps were being taken to detain the detenu under Act 14 of 1982. 5. On perusal of the materials placed before us, we are satisfied that the sponsoring authority, in his request for issuance of certificate as to the remand of the detenu, had stated that the detenu is likely to be detained under Act 14 of 1982, which reflects the predetermination mind of the sponsoring authority. Therefore,the impugned order of detention is vitiated. Accordingly, this petition is allowed. The order of detention is quashed. The https://hcservices.ecourts.gov.in/hcservices/ detenu is directed to be set at liberty forthwith unless his presence is required in connection with any other case. kpl Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. To 1. The Secretary to Government Home, Prohibition and Excise Department Fort St. George, Secretariat Chennai-600 009. 2. The Commissioner of Police Greater Chennai,Egmore, Chennai 8. 3. The Superintendent Central Prison, Chennai. 4. The Joint Secretary to Government Public (Law and Order) Department, Fort Saint George, Chennai-9. 5. The Public Prosecutor High Court, Madras. 1 cc to Mr.G.Natarajan, Advocate, SR.4391. Sa (co) dv/19.2. H.C.P.No.1744 of 2007. https://hcservices.ecourts.gov.in/hcservices/