RATHINAMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu, who has been detained under Act 14 of 1982 in the Central Prison, Coimbatore, seeks a writ of habeas corpus to call for the records pertaining to the order of detention dated 23.6.2005 on the file of the second respondent herein made in Cr.M.P.No.11/2005/C1, to quash the same and consequently to direct the respondents herein to produce the detenu before this Court and set him at liberty.

(2.) ACCORDING to the prosecution, on 30.5.2005, while the Inspector of Police, PEW, Gobichettipalayam was conducting prohibition raid at the western side of Rayarpalayam bus stop within Varapalayam police station limit, the detenu Easwaran was found distilling arrack covered by thorny trees. On apprehension of the detenu, police seized the illicit arrack, fermented wash, Kannuchatti, mud moda, rubber tube, Alumini Vadaisatti, Mudsatti, a white plastic container under a mahazar. A case in crime No.371 of 2005 under Section 4(1)(b), 4(1)(g), 4(1)(aa) read with 4(1-A) of TNP Act, 1937 was registered against the detenu.

(3.) SIMILAR view was also taken by a Division Bench of this Court, to which one of us (PDDJ) was a party, in the order dated 23.12.2003 made in HCP No.1611 of 2003.