RATHINAVEL NAICKER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order in challenge is dated 9-9-2002, passed by the District Magistrate and District Collector, Villupuram, dubbing one Ramesh alias Ponazhagan as bootlegger and directing his detention on the ground of prejudice to the public order under subsection (1) of Section 3 of the Tamil Nadu Act 14 of 1982.

(2.) From the grounds it appears that on 11-8-2002, Inspector of Police, Ginjee apprehended one lorry bearing Registration No.TN-32-K-7492 and on checking the same, found that there were 207 white plastic cans, each containing 35 litres totalling 7245 litres of rectified spirit and 45 boxes comprising two cans in each box numbering 90 cans, each containing 35 litres, totalling 3150 litres of rectified spirit. Thus, there was a total of 10395 litres of rectified spirit.

(3.) . It is then contended that the accused Ramesh, detenu herein, and the co-accused Manoharan, who was driver of the lorry at the relevant time, did not have valid permit from the Government for the transportation of the rectified spirit. A reference is then made that the detenu Ramesh gave a voluntary confession statement in presence of the two other witnesses. There is nothing in the order to suggest as to what that confession statement was. Then it is pointed out that samples were collected from the cans and the cans with rectified spirit were also seized. Both the accused persons were brought to Gingee police station and a crime was registered against them vide C.C. No.601 of 2002 under Secs.4(1-A), 4(1)(aaa) of Tamil Nadu Prohibition Act 1937 read with Secs.5, 6 and 11 of Tamil Nadu Rectified Spirit Rules 1959. It is then contended that both the accused persons escaped from the police station on 12-8-2002 at 5.45 hrs. and a complaint regarding that was also launched vide Crime No.602 of 2002 for offences under Sec.224 I.P.C. Grounds then suggest that the accused Ramesh was arrested on 17-8-2002 at 14.00 Hrs. at Perunkalathur junction road. The co-accused Manoharan was arrested on 16-8-2002 at Thiruvannamalai Theradi and he gave a second confession statement in presence of two witnesses. The detenu Ramesh also gave a second confession statement in presence of the two witnesses, which was recorded. It is significant to note that none of the confession statements have been described by the detaining authority. It is then pointed out that they were produced before the Judicial Magistrate, Vellore on 16-8-2002 and were remanded till 29-8-2002 and subsequently the remand was extended up to 12-9-2002. It is then pointed out that on a requisition given by the Inspector of Police, 297 sample bottles were sent to the Assistant Director, Regional Forensic Laboratory, Villupuram for chemical analysis and in the report dated 5-9-2002, the Assistant Director had informed that the samples contained Ethyl Alcohol, Acids, Easters and Aldehydes and that it is a first quality rectified spirit. The results were only of five bottles which were chosen in random. The detention order, however, makes a reference to the opinion of one Dr. Vetrivel, MBBS, suggesting that if a person consumes the rectified spirit of insufficient dilution , he may develop giddiness, vomitting, desentry and intestine, liver, kidney might be affected and if not treated vigourously could also cause the death.