ELUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order of detention dated 27.10.2003 passed by the second respondent herein, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, terming the detenue Elumalai, the petitioner herein, as a bootlegger, is challenged in this petition.

(2.) As per the impugned order of detention, the petitioner has been detained based on the ground case said to have taken place on 11.9.2003 at about 12.30 hours, within the jurisdiction of Tiruvannamalai Police Station. It is alleged that the petitioner, on that day, was found to be selling two tumblers of I.D. arrack for Rs.20/- to one Venkatesan. A sample of the said I.D. arrack was sent for chemical examination. On chemical examination, it was found that the said I.D. arrack was containing 6.4 mg of atropine, which would cause danger to the person consumed, if he is not given immediate treatment.

(3.) That apart, there are seven adverse cases against the petitioner, viz. five cases on the file of Mangalam Police Station in Crime Nos.90/2002, 685/2002, 47/2003, 262/2003 and 275/2003 for the offence punishable under Section 4(1)(aaa), 4(1)(i), 4(1)(i), 4(1)(a) and 4(1)(a) of Tamil Nadu Prohibition Act respectively and two cases on the file of Tiruvannamalai Police Station for the offence punishable under Section 4(1)(aa) of the Tamil Nadu Prohibition Act.