S PARIMALA Vs. STATE OF TAMIL NADU, REP BY SECRETARY, GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT AND COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, who is the wife of the detenu by name Pappa @ Poongavanam, who is detained as a ''Bootlegger" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 31.03.2006, challenges the same in this Petition.

(2.) Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) At the foremost, learned Counsel appearing for the petitioner, by drawing our attention to para 3 of the grounds of detention, has contended that when the detaining authority has concluded that he satisfied that the detenu is a Bootlegger habitually transporting and also found selling I.D. Arrack mixed with the poisonous substance as against the provisions contemplated under the Tamil Nad Prohibition Act, 1937, in the absence of any materials for selling I.D. Arrack, the ultimate conclusion and detained him as "Bootlegger" under Act 14 of 1982 , cannot be sustained.