MARIMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, the father of the detenu, Ravi, detained as a bootlegger under the Tamil Nadu Act 14 of 1982, hereinafter called the Act, seeks to file this petition, to release his son. The detenu has been detained pursuant to the detention order dated 1. 8. 2002.

(2.) A perusal of the detention order discloses that apart from the alleged involvement of the detenu in four past complaints under the Prohibition Act, all of which ended in conviction, on 14. 7. 2002 when the Inspector of Police, Dusi Circle was on prohibition raid at about 15. 30 hours, had come across the detenu selling arrack at Karanthai Village. A voluntary confession statement is also alleged to have been recorded and in the presence of two independent witnesses, a plastic can containing arrack and other materials were seized under mahazar. Thereafter, he was produced before the Judicial Magistrate, Cheyyar, who had remanded him to custody till 26. 7. 2002 and subsequently, the remand was extended till 9. 8. 2002. The detention order also deals with the medical report relating to the medical treatment given to one Egambaram, who is alleged to have consumed the arrack supplied by the detenu and the finding of the presence of atropine which is a poisonous substance causing danger to human life. On the request of the Inspector of Police and the Detaining Authority (D. A.) being himself satisfied with the need to detain the accused under Act 14 of 1982, the impugned detention order was passed.

(3.) LEARNED counsel for the petitioner raised the following points and the same are considered one after the other:-