KUMARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the wife of the detenu Perumal, who had been incarcerated by the order of detention dated 24.11.2003 passed by the second respondent herein, branding him as a bootlegger, 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 (for short the Tamil Nadu Act 14 of 1982).

(2.) The order of detention came to be passed by the second respondent on the basis of the ground case said to have taken place on 11.10.2003 within the jurisdiction of the Inspector of Police, Tiruvannamalai Taluk Circle at Mangalam Police Station that the detenu was found to be indulged in selling 15 litres of illicit distilled arrack contained in a white plastic can. On chemical analysis of the same, it was disclosed that the said illicit distilled arrack contained 6.7 mg of atropine, which, in the opinion of the medical officer, would cause death if the person consumed is not given treatment immediately. The detenue was thereafter remanded. The order of detention is also supported with ten adverse cases of the detenu bearing Crime Nos.190/2002, 239/2002, 347/2002, 381/2002, 43/2003, 60/2003, 298/2003, 400/2003, 416/2003 and 1661/2003 on the file of Mangalam Police Station.

(3.) Mr.S.Doraisamy, learned counsel appearing for the petitioner, while referring to the medical report dated 15.10.2003 issued by the Doctor viz., Dr.Tilakavathy, Government Hospital, Tiruvannamalai, who had given treatment to the complainant, would submit that the Doctor has stated that atropine is an intoxicating poisonous substance and the consumption of the same is likely to cause danger to human life. The learned counsel would further submit that the Doctor has opined that death would be caused depending upon the quantity of arrack consumed with reference to the individual's physical capacity of consumption. Learned counsel would bring to the notice of this court that the detaining authority has only relied upon a portion of the medical report of the Doctor that consumption of arrack mixed with poisonous atropine will definitely cause widespread danger to human life and public health; but there is no mention in the detention order about the opinion of the Doctor that death would be caused depending upon the quantity of arrack consumed with reference to the individual's physical capacity of consumption. In this context, the learned counsel for the petitioner would submit that the above variation would lead to non-application of mind on the part of the detaining authority while passing the impugned order of detention and the impugned order of detention is liable to be set aside.