KARADI ALIAS SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this petition, the petitioner challenges the validity of the detention order passed in Criminal MP No. 8 of 1994 by the second respondent under Tamil Nadu Act 14 of 1982. The petitioner was involved in four adverse cases, three of them under Section 4 (1)(I) and one under Section 4-(1) (a) of the Tamil Nadu Prohibition Act. He was convicted in all the four cases. On 10-1-1994, on the instructions of the Deputy Superintendent of Police, Prohibition Enforcement Wing, Karur along with his police party conducted a prohibition raid near the funeral shed at Bramatheertham Road, old Bus Stand in Karur Town, when he found the petitioner sitting at the said place, which is a public place, having a black plastic can, pouring something in a glass tumbler and receiving money from an unknown buyer. On seeing the police party, the unknown buyer dropped the glass tumbler and, fled away and efforts were taken to secure him, but they proved futile. The petitioner was arrested. On examination of the black plastic can with a capacity of about 35 litres, which was in his possession, it was found to contain about 33 litres of illicitly distilled arrack with halitosis. He was enquired about the same. He confessed about the sale of illicitly distilled arrack. A sum or Rs. 25/- being the sale proceeds and a glass tumbler were seized from the petitioner. On his left hand, he was having an old white polythene bag. It was examined and found that it contained about 300 grams of ganja. On enquiry, he admitted that he is selling ganja also to those who what to purchase the same. Sample of about 500 ml. arrack each was taken in two bottles and sealed at the sport under a cover of mahazar. The remaining arrack was destroyed at the spot and a certificate to that effect was also prepared. Sample of 60 grams of ganja was taken in a packet and sealed at the spot. The remaining ganja was also packed and sealed at the sport under cover of mahazar. He was brought to the police station and a case in Karur Prohibition Enforcement Wing in Crime No. 91/94 under Section (1) (i) read with 1 (1)(a) of the Tamil Nadu Prohibition Act, 1937 and under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered. He was searched and handed over to the para police constable. He was produced before the Judicial Magistrate No. II, Karur on 10-1-1994 and remanded to custody on the same day.

(2.) One bottle containing the sample of arrack as sent to Chemical Analyst through Court on 10-1-1994. The Chemical Examiner examined the samples and reported in his C. Pro. No. 39/94 dated 12-1-1994 that the sample contained ethyl alcohol, acids, esters, higher alcohols and aldehydes and also artopipe of 1.5 mg % w/v, which is a poisonous substance. The sealed packet containing the seized ganja was sent to the Special Court under the Essential Commodities Act, Pudukkottai with a requisition to send about 60 grams of ganja for analysis. In the course of the investigation, the Inspector of Police gave a requisition and examined Dr. K.Ramalingam. M.B.B.S., DMRD, Civil Surgeon Government Head Quarters Hospital, Tiruchirapalli on 13-1-1994. The Medical Officer has given a certificate to the effect that if any person consumes illicitly distilled arrack mixed atropine of 0.64 mg % w/v and above he will develop giddiness, vomiting, congestion of eye lids and respiratory failure, which if not treated vigorously would result in death due to atropine poisoning. The case is under investigation.

(3.) On the above materials, the Detaining Authority was satisfied that the petitioner is a bootlegger and he is selling illicitly distilled arrack mixed with poisonous substance in contravention of the provisions of the Tamil Nadu Prohibition Act, 1973 and the rules made thereunder. On arriving at such a finding, the detaining authority took into account the fact that the petitioner will try to come out on bail by filing bail application and on coming out, he will indulge in such prejudicial activities in future. He was satisfied that the activities of the petitioner are affecting public order and public health, warranting his detention under the Tamil Nadu Act 14 of 1982. Consequently, he passed the order of detention.