P. RAJENDRAN Vs. THE STATE OF TAMIL NADU REPRESENTED BY ITS SPECIAL COMMISSIONER & SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, FORT ST. GEORGE, MADRAS-9 AND

JUDGEMENT

(1.) THIS Writ Petition is filed under Article 226 of the Constitution of India for issue of a writ of habeas corpus for quashing the order of detention dated 7 -5 -1991 and for setting the detenu at liberty.

(2.) THE petitioner/detenu came to the adverse notice as bootlegger in view of the cases referred to in the preamble and he was detained on the basis of the ground case.

(3.) THOUGH the learned counsel for the petitioner Mrs. Subadra Devi, challenges the impugned order on various grounds, confined her arguments only to ground (g) wherein it is sub -milted that the percentage of atropine found in the sample seized from the detenu is negligible. Further, even the complainant who became ill due to taking I.D. arrack, sold by him recovered from illness within the same day without any treatment. Therefore it clearly proves that the liquor sold by the petitioner was not of such nature which would cause widespread danger to life and public health. Therefore, he cannot be considered to be a bootlegger under the Act. Therefore the order of detention is liable to be quashed.