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Showing contexts for: Sand Offender in Mrs.I.Padmavathy vs The State Of Tamil Nadu on 2 July, 2013Matching Fragments
(Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 4.12.2012, and quash the same and to produce the detenu, namely, I.P.Yesudoss, son of Immanuel Panchanathan, confined in Central Prison Puzhal, Chennai, before this Court and to set him at liberty.
2. The second respondent had passed the impugned detention order, dated 4.12.2012, under sub-section (1) of Section 3 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), read with the orders issued by the State Government, in G.O.(D) No.172, Home, Prohibition and Excise (XIV) Department, dated 18.10.2012, under sub section (2) of Section 3 of the said Act, directing the detention terming him as a 'Goonda'.
5. Mr.N.R.Elango, the learned senior counsel appearing for the petitioner had contended, inter alia, that the delegation of the power, under Section 3(2) 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, (hereinafter referred to as the Act), for the passing of the detention order, based on which the detenu had been detained in custody, is defective in nature. Further, the confirmation of the detention order and its communication to the detenu and his family members was not made within a reasonable time. The detaining authority had failed to communicate the order of approval and the confirmation of the said order, as contemplated under the provisions of the Act.
68. In view of the submissions made by the learned senior counsel appearing on behalf of the petitioner and the learned Public Prosecutor appearing on behalf of the respondents and on a perusal of the records available, and on considering the decisions cited supra, it is noted that the second respondent, who is the detaining authority, had passed the impugned detention order, dated 4.12.2012, detaining the detenu, 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. The detaining authority has stated, in paragraph 4 of the grounds of detention, that he is aware that the detenu is in remand in Central Crime Branch X Cr.Nos.396/2012, 403/2012, 437/2012, 446/2012 and 531/2012 and that the detenu has moved bail applications in the said cases. However, the said bail applications had been dismissed, on 16.11.2012, by the Chief Metropolitan Magistrate, Egmore, in Crl.M.P.Nos.5339/2012, 5341/2012, 5780/2012, 5783/2012, and 5779/2012, respectively. It had also been stated that the detenu had moved another bail application in the said cases, before the Principal Sessions Court, Chennai, in Crl.M.P.Nos.11822/2012, 11823/2012, 11824/2012, 11825/2012 and 11826/2012, respectively, and that they are pending on the file of the said Court.