GANESAN Vs. STATE OF TAMILNADU REP

JUDGEMENT

(1.) The petitioner, who has been captivated by the order of the second respondent dated 5.2.2004 branding him as 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, has preferred this petition challenging the said order of detention.

(2.) According to the prosecution, on 9.1.2004, the detenu was found in possession of one mud pot containing 100 litres of boiled fermented wash, 4 mud pots each containing 100 litres of fermented wash, two black colour lorry tubes each containing 60 litres of arrack and one white colour plastic can containing 4 litres poisonous odour arrack. A case was registered against him in Crime No.17/2004 under Sections 4(1)(b), 4(1)(i)(aaa) read with 4(1-A)(ii) of TNP Act and 328, IPC, on the file of Nemili Police Station. Considering the above case as ground case and taking note of eight adverse cases of akin nature, the order of detention was passed by the detaining authority.

(3.) The learned counsel for the petitioner contends that the bail application preferred by the petitioner was opposed on the ground that the petitioner was likely to be detained under Act 14 of 1982, terming him as a bootlegger, which reflects the predetermination of detaining the detenu and therefore, the order of detention is vitiated.