KOLINJIPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein has been detained 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 (Tamil Nadu Act 14 of 1982). THE grounds of detention as found on the record produced by the petitioner show that he has been, in the past, found selling and transporting illicit arrack and on 21/7/1993 was arrested by a party of Prohibition Enforcement Wing of the police with four litres of illicit poisonous arrack in a five litre capacity plastic can.

(2.) WE are not required in the instant case to go into any details except, to note that the Chemical Examiners report as stated in the memo of grounds, has revealed that the sample arrack contain atropine equivalent to 4.5 mg. per lOOmt WE have noted in our judgment in W.P. No. 1662 of 1993 dated 3/3/19941, why we have been following the ratio of the judgment of this Court in Dharman v. State of Tamil Nadu and in Perisu alias Kanni v. State of Tamil Nadu. Since the instant case falls within the ratio of the above judgments we are inclined to interfere with the petitioners detention. WE accordingly, quash the proceedings in C.M.P. No. 143/B.L.A./93(C2) dated 5/8/1993 of the Collector and District Magistrate, Salem and the respondents are directed to release the detenu forthwith, if his detention is not required in connection with any other case. Petition allowed.