GOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE instant case is similar to W.P.No. 11733 of 1990(Pumpukaran Kamalesanv. State and another). THE petitioner is a bootlegger. He has been illegally selling arrack. According to the ground case, on 5.3.1990 at about 11.30 hours, on Periasamy, appeared before the Sub-Inspector of Police, Prohibition Enforcement Wing, Avinashi, and gave a report. In his report, he stated, ?that he is residing at Srinivasapuram and doing drinking water sale business using his bullock cart. He is having the habit of drinking arrack. On5.3.1990 at about 10.15 hours while he was returning from Vadugapalayam on information he went to southern side of the village near banyan tree, he noticed Gopal of Vadugapalayam was selling arrack. He went to him and asked to give arrack. THE said Gopal told him that he is having arrack and it will give high intoxication. When he enquired about the kind of arrack, the said Gopal told him that he mixed ?Datura? in the arrack and it will give high intoxication. He apprehended danger to his life and due to fear he did not drink the arrack. So to prevent him from selling the arrack adulterated with Datura poison to the public and also to prevent the danger to public life and health, he came to the station and gave a report for taking action against the accused.? His report was received by the Sub-Inspector of Police, who registered a case and took up investigation. He collected witnesses and in the course of investigation, found the petitioner selling illicitly distilled arrack to unknown person. On seeing the Police Party, the arrack purchasing person ran away after dropping the glass tumbler and absconded. THE petitioner was however found in possession of 4 1/2 litres of illicitly distilled arrack in a white plastic can. It is thereafter alleged: ?THEn the accused was questioned and he admitted that he is selling arrack and produced Rs.7 which he admitted to be the sale amount of illicitly distilled arrack. He also admitted that to boost his arrack business and also to earn money he adultered ?Datura? in the arrack to give more intoxication to the customers. So Thiru Gopal was arrested at about 13.15 hours and sale amount of rupees seven, and the measurement glass tumbler with the smell of arrack and white plastic can were seized, under a cover of mahazar attested by the witnesses accompanied with police party. About 375 ml. of sample arrack was taken from the seized arrack and sealed before the same witnesses. Remaining arrack was destroyed under a cover of destruction mahazar before the witnesses. THE Sub-Inspector of Police along with Gopal and the contrabands returned to the Station at 14.30 hours and the accused was searched and handed over to PC 220 for safe custody.?

(2.) IT is said that on chemical analysis it is found that the sample liquid contained ethyl alcohol, acids, esters, higher alcoholic and aldehydes and toxic principles of datura equivalent to the half milligrams percent of atropine in it. In W.P.No. 11773 of 1990, a Bench of this Court has said. ?We would have proceeded in the instant cases noted above to examine whether the presence of atropine which is a poisonous alkaloid in whatever percentage in the arrack sold by a bootlegger would constitute grave danger to life of public health or not as we are prima facie of the view that a grave or widespread danger to life or public health as stipulated in the Explanation to Sec.2(a) of Tamil Nadu Act 14 of 1982 will not depend upon the percentage or extent of the poison in the arrack, but the quantity which any person may purchase or consume had we not been shown the judgments of this Court in Dharma v. State of Tamil Nadu represented by its Special Commissioner and Secretary, P&E Department, W.P.No. 6737 of 1988 dated 15.2.1989 and Perisu Kanni v. State of Tamil Nadu represented by its Special Commissioner and Secretary to Government, P & E Department, W.P.No.9179 of 1990 dated 9.11.1990 in which this Court on similar grounds has taken the view that it will not constitute a grave danger to life.?