KARUPPASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ONE Tmt.Sundarambal is the detenu. On 30.12.1995, at about 18.00 to 18.30 hours, one Sundaram went to Sennimalaipalayam for consumption of arrack. After reaching the spot, he noticed the detenue Tmt.Sundarambal of Sennimalaipalayam selling arrack near a live fence situate on the eastern side of the said village. The said Sundaram was stated to have approached the detenue and enquired about price of arrack per tumbler. The detenue, it is said, told him that it was a special kind of arrack and a tumbler of arrack was Rs.10 The said Sundaram was stated to have purchased 50 ml. of arrack for Rs.5 and consumed the same. Immediately after the consumption he felt irritation in his throat, eyes and stomach. He, however, managed to return to his house at 20.00 to 20.30 hours and explained his discomforts to his wife Tmt.Saraswathi. She was stated to have administered to him tamarind juice. After consuming, if the said victim Sundaram, vomited several times and spent the night with giddiness. He realised that the detenue. Sundarambal should have mixed some poisonous substance with the arrack, which was injurious to health. He also felt that if he had consumed more than 50 ml. of the said arrack, it was very likely he would have lost his life. He also heard the same complaints from his neighbours, who consumed arrack from the said detenue Sundarambal. If the detenue, he felt was allowed to continue to sell such arrack, it will endanger human beings, who would consume such arrack.

(2.) SO on the morning of 31.12.1995 he appeared before P.E. Wing Tiruppur and gave an oral complaint. After recording the said complaint the Sub Inspector of Police, Mr.V.Palaniappan, along with Police personnel and private Witnesses went and reached the spot where the said detenu was usually found selling arrack at about 11.45 hours. At that time, the detenue was holding a white colour plastic can and from the said plastic can she was stated to have filled up a liquid in a glass tumbler and handed over the same to a male person, aged about 30 years, standing in front of her. On seeing the police party, the male person dropped the glass tumbler on the ground, ran and escaped. The detenue also tried to escape, but she was some how or other secured by the said Sub Inspector of Police, and party. When questioned by the said Sub Inspector of Police she gave voluntarily a confession statement, which was recorded by him and the same was attested by witnesses Anbarasu and Abbas Manthiri. In her confession, the detenu admitted that she had mixed Datura poison, in the arrack sold. Thereafter, the said Sub Inspector of Police seized the contraband arrack, glass tumbler and cash of Rs.25 under a cover of mahazar. He then returned to the police station and registered a case against the detenue in Tiruppur P.E. Wing Crime No.1731/95 for alleged offences under Secs.4(1)(i) and 4 (I)(A) of the Tamil Nadu Prohibition Act, 1937, She was arrested and on the same day she was produced before learned Judicial Magistrate, Palladam, who in turn remanded her to Judicial custody and subsequently she was lodged at Central prison, Coimbatore. He also complied with the requisite formalities of sending the seized contraband to chemical analysis and also obtained a certificate from the Assistant Director of Regional Forensic Laboratory, Coimbatore. The certificate so issued was to the effect that the sample liquid contained Ethyl Alcohol, Acids, Easter, Higher Alcohol, Aldehydes and Atropine. The sample liquid was also found to contain 9.0 Mg/100 Ml of atropine, a poisonous alkaloid found in datura.

(3.) APART from the ground case as stated above, the detenue had come to adverse notice in seven other cases for various offences, under the relevant provisions of Tamil Nadu Prohibition Act, 1937.