TMT SALAMMAL Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT AND DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) The order in challenge is dated 9-9-2002, passed by the District Magistrate and District Collector, Villupuram, branding one Manoharan 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 Manoharan, detenu herein, and one Ramesh, who was in the lorry with Manoharan 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 Manoharan 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.