High CourtsDivision Bench(2006) 03 MAD CK 0040

S. Ganapathy vs The Commissioner of Police and The Secretary to Government Prohibition and Excise Department

Madras High Court · Decided on 27 March 2006

HON’BLE JUDGES
P. Sathasivam, J · J.A.K. Sampathkumar, J
RESULT
Dismissed
CASE NUMBER
Habeas Corpus Petition No. 1325 of 2005

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Judgment

14 paragraphs · 262 words

P. Sathasivam, J.—The petitioner by name Ganapathy, challenges the impugned order of detention dated 27.07.2005, detaining his friend

Krishnamurthy, as ""Goonda"" u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders,

Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short "" Tamil Nadu Act 14 of 1982"").

2.

Heard both sides.

3.

The learned counsel for the petitioner has raised the only contention that though the detenu received a reply dated 28.09.2005 from the

Government mentioning that all the documents were served to one Padhma, according to the counsel, she is not related to any one. He also points

out that even in respect of other detenus her name has been mentioned.

4.

With regard to the said contention, we sought clarification from the learned Government Advocate. From the records, learned Government

Advocate brought to our notice that immediately after the arrest of the accused, the arrest intimation, copy of the arrest memo, remand order, etc.,

were communicated to the mother of the detenu by name Padhma. He also brought to our notice that the detenu was detained as Goonda by

proceedings dated 27.07.2005 and the same was intimated to his wife by name Ilavarasi on 28.07.2005. He also produced the acknowledgment

to show that the same was received by his wife Ilavarasi.

On going through the above materials, we are unable to accept the only contention raised by the learned counsel for the petitioner. Except the

above said contention, no other contention was raised; hence, this petition fails and the same is dismissed.