V SELVAM Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) CHALLENGE is to the order of detention dated 30.4.2005 passed by the first respondent herein, branding the detenu, the brother-in-law of the petitioner herein, 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, Slum Grabbers and Video Pirates Act, 1982.

(2.) ACCORDING to the detaining authority, on 16.4.2005 at about 9.00 hours, one Kannan went to the nearby field bush, which is of eastern side of Mariyamman Koil Street, Velanandal village and finding Subramani, the detenu herein, selling I.D. arrack, paid him Rs.10/- and purchased one tumbler of I.D. arrack and consumed the same. After consuming it, he experienced vomitation two times and fell down under a tree. Two hours after regaining his consciousness, he felt burning sensation in eyes, stomach and also had chest pain. Suspecting Subramani, from whom he purchased the arrack, that he would have mixed some poisonous substance with ID arrack, as on the earlier occasion, when he consumed arrack, he had never experienced such an indisposition, he went to Tiruvannamalai Prohibition Enforcement Wing at 12.00 hours and gave a complaint, which was registered as a case in Crime No.272/2005 under Section 4(1)(i) read with 4(1-A)(ii) of the Tamil Nadu Prohibition Act, against Subramani. He was, thereafter, referred to the hospital for treatment with a police memo.

(3.) HENCE, the impugned order of detention is vitiated on the above said ground and the same is set aside. The detenu Subramani is directed to be released forthwith, unless he is required in connection with any other case. The habeas corpus petition is allowed.