9911796707
TMI Blog2006 (7) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;detenu'), who was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (in short the 'Act') as a Goonda . The accusation against him was to the effect that he is habitually committing crime and that he had also acted in a manner prejudicial to the maintenance of public order and as such he is a Goonda as defined under Section 2(f) of the Act. The order of detention was passed in respect of Rathina Raj, which was approved by the State Government. The detention order was challenged by filing a Habeas Corpus petition before the Madras High Court. 3. Before the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Counsel for the State submitted that it is fairly well settled that it is the impact of an act and not the number of acts which determine whether the act can be relatable to public order or not. In the instant case, the scenario as described in the grounds of detention clearly shows that the acts committed by the detenu were of such intensity that even tempo of life was affected and public tranquility was disturbed. Therefore, according to him, the detenu has rightly been detained. 7. Though reference was made by learned Counsel for the appellant to several documents to contend that the records were manipulated, we do not consider it necessary to go into that aspect, because in our considered view the order of detention is liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tual - Constant; customary; addicted to a specified habit . The Court in Vijay Narain Singh v. State of Bihar 1984 CriLJ 909, considered the question of a habitual criminal and in para 31 the expression habitually was explained as follows: The expression 'habitually' means 'repeatedly' or 'persistently'. It implies a thread of continuity stringing together similar repetitive acts - repeated, persistent and similar, but no isolated, individual and dissimilar acts are necessary to justify an inference of habit . The expression habitual would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts. An isolated default of rent would not mean that the tenant was a h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ayub alias Pappukhan Nawabkhan Pathan v. S.N. Sinha 1990 CriLJ 2232). From one single transaction though consisting of several acts, a habit cannot be attributed to a person. 10. Judged in the background of legal position delineated above the order of detention cannot be maintained because it only refers to one act. There is also no material to justify the conclusion that the accused was habitually committing crime. There is no reference to any other crime. Therefore, the order of detention cannot be maintained. The High Court has not considered this aspect in the proper perspective. The order of detention in respect of the detenu which was passed by the Commissioner of Police, Chennai on 1.8.2005 is quashed. The order of the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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