DEIVANAI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against Thirupathy, son of Kannaiyan, husband of the petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Bootlegger and he 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. 7. 2007 came to be passed by the second respondent on the basis of the ground case said to have taken place on 9. 7. 2007, complaint of which was given by one Nazeer. According to the complainant, on 9. 7. 2007, at about 11. 00 am, with an intention to consume liquor, he went to A. K. Mottur Kolla Kottai and found the detenu selling arrack. He purchased and consumed one glass tumbler of arrack. He felt more intoxication, dimness of vision and vomited twice or thrice. He could not walk and became unconscious. He woke up at 2. 30 pm, when to Tirupattur Taluk Police Station and gave a complaint which was registered as Crime No. 749 of 2007 for the offences punishable under Sections 4 (1) (i) (aaa), 4 (1-A) (ii) of the Tamil Nadu Prohibition Act. The Inspector of Police formed a special party and found the detenu indulging in sale of arrack. The detenu was arrested and contraband was seized. On chemical analysis, the Scientific Officer and Assistant Chemical Examiner to the Government, Regional Forensic Science Laboratory, Vellore stated that the arrack is mixed with 6. 9 mg. of atrophine per 100 ml. arrack and the same is a poisonous substance.

(3.) CHALLENGING the said detention, the wife of the detenu 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. 7. 2007 in his office Ref. No. C3. D. O. No. 58/2007 against the detenu, now confined at Central Prison, Vellore, Vellore District, to set aside the same and to direct the respondents to produce the detenu before this Court and to set him at liberty.