RAMESH Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against Eswari, mother of the petitioner, as the said authority arrived at the subjective satisfaction that the said detenue is a Bootlegger and she has to be detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) 2. 1. The order of detention dated 25. 8. 2007 came to be passed by the second respondent on the basis of the ground case said to have taken place on 13. 8. 2007. On that day, when the police party were searching for prohibition offences at Kodumampalli Village, they found the detenue engaged in selling arrack. The detenue was arrested, the contraband was seized and a case was registered. On chemical analysis, the Scientific Officer and Assistant Chemical Examiner to the Government, Regional Forensic Science Laboratory, Vellore in his report stated that the arrack is mixed with 6. 7 mg. of atrophine per 100 ml. arrack and the same is a poisonous substance. 2. 2. Apart from the above, the detaining authority also took note of the ten adverse cases pending against the detenue, viz. , Crime Nos. 277, 441, 872, 1003, 1129 of 2006 and 9, 139, 267, 508 and 707 of 2007 all on the file of Tirupattur Taluk Police Station for the offences punishable under the Tamil Nadu Prohibition Act. 2. 3. The detaining authority, having satisfied that the detenue is indulging in activities which are prejudicial to maintenance of public order and public health, passed the impugned order.

(3.) CHALLENGING the said detention, the son of the detenue has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 25. 8. 2007 in his office Ref. No. C3. D. O. No. 75 of 2007 against the detenue, now confined at Special Prison for Women, Vellore, Vellore District, to set aside the same and to direct the respondents to produce the detenue before this Court and to set her at liberty.