KASI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE order of detention dated 6. 6. 2005 passed by the first respondent 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, branding one Kasi as bootlegger is challenged by the detenu himself.

(2.) ACCORDING to the prosecution, the ground case is said to have taken place on 16. 5. 2005. On that day, the Inspector of Police, prohibition Enforcement Wing, Madhavaram Unit along with his police party proceeded to conduct prohibition raid. On credible information, the police party rushed to Palavayal behind Moogilan Street and found that the accused Kasi was selling i. D. arrack by keeping the same in a 35 litre plastic bag. On seeing the police party, the detenu, who tried to escape from that place was apprehended by the police and the police have also recovered the said 35 litre plastic bag with 32 litres of ID arrack and two more 35 litre plastic bags each containing 32 litres of ID arrack. Thereafter, it was found on chemical analysis that the arrack contained atropine, a poisonous substance. Hence, the Inspector of Police arrested the accused Kasi and registered a case in Crime No. 219/2005 on the file of the Prohibition Enforcement Wing, Madhavaram Unit, for the offence under Sections 4 (1) (i), 4 (1) (aaa) and 4 (1) (A) of TNP Act.