Subramani Sha vs The State of Tamil Nadu

P. Sathasivam, J.—The petitioner, by name Subramani Sha, who is detained as a ""Goonda"" as contemplated under the Tamil Nadu

Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and

Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 20.07.2005, challenges the same in this Petition.

Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

At the foremost, learned Counsel for the petitioner, by drawing our attention to the fourth adverse case, has contended that inasmuch as all

those cases are under investigation stage, the detaining authority is not justified in invoking Act 14 of 1982. He also contended that in view of the

discrepancy in the mahazar, the detention order is liable to be quashed on the ground of non application of mind.

On going through the entire details including the grounds of detention and all other materials placed, we are unable to accept both the

contentions for the following reasons.

On a perusal of the adverse cases shows that the detenu has involved in various offences on different occasions. The first adverse case relates to

occurrence dated 12.04.2005 on the file of Kodungaiyur Police Station Crime No. 542/2005 and the offences involved are under Sections 454

and 380 IPC and like wise, the second adverse case relates to occurrence dated 06.07.2005 on the file of Sembium Police Station Crime No.

1686/2005 and the offence involved is u/s 379 and the third adverse case relates to occurrence dated 28.06 .2005 on the file of ThiruViKa Nagar

Police Station Crime No. 1555 /2005 and the offences involved are under Sections 454 and 380 IPC and the fourth adverse case relates to

occurrence dated 07.07.2005 on the file of ThiruViKa Nagar Police Station Crime No. 1625/2005 and the offences involved are under Sections

341 and 386 IPC.

Apart from the abovesaid cases, the detenu is also involved in the ground case, which according to the respondents took place on 08.07 .2005

on the file of ThiruViKa. Nagar Police Station Crime No.1 630/2005 and the offences involved are under Sections 341, 336, 397 and 506(ii)

IPC. The detaining authority, on consideration of four adverse cases of the year 2005 as well as the ground case, which is the fifth case and taking

note of the fact that if the detenue is allowed to continue, he will indulge in further activities, which will be prejudicial to the maintenance of public

order, detained him as "" Goonda"" under Act 14 of 1982. Inasmuch as the detaining authority was possessed of required materials and the decision

was taken after satisfying himself, we are of the view that the same cannot be gone into by this Court in this petition. The Courts have held that it is

the subjective satisfaction of the detaining authority concerned and the merits of the prosecution case cannot be gone into by this Court while

considering the Habeas Corpus Petition. Accordingly, we reject the said contention.

Though it is contended that the impugned order of detention has to be quashed on the ground of non application of mind and for the same

reasons, as stated earlier, inasmuch as the detaining authority has satisfied with the materials placed, the minor discrepancies as pointed out would

not affect the ultimate order passed by him. Accordingly, we reject the said contention also.

Except the above contention, no other contention was raised. In the light of what is stated above, we do not find any valid ground for

interference. Accordingly, the Habeas Corpus Petition fails and the same is dismissed.