BALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Dinakaran, son 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.) CHALLENGING the abovesaid detention, the father of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records leading to the detention of the detenu, now detained in Central Prison, Vellore under Tamil Nadu Act 14 of 1982 vide detention order dated 17. 7. 2007 on the file of the second respondent herein made in C3. D. O. No. 55 of 2007, to quash the same as illegal and consequentially to direct the respondents herein to produce the detenu before this Court and to set him at liberty.

(3.) 3. 1 The order of detention dated 17. 7. 2007 was passed on the basis of ground case in Crime No. 336 of 2007 for alleged commission of offences under Sections 4 (1) (i) (aaa), 4 (1-A) (ii) of the Tamil Nadu Prohibition Act. The allegation against the detenu was that on 27. 6. 2007 when the Sub-Inspector of Police Vellore Prohibition Enforcement Wing, Vellore along with his police party observed at Athiyur regarding prohibition cases, they found the detenu pouring some liquid from one plastic can into a tumbler and offered the same to a person, who escaped seeing the police party. The detenu was arrested and he admitted the offences committed. They seized 120 Litres of country arrack from 3 mud pots. The samples of arrack seized were sent for chemical analysis and the report of the Assistant Director and Assistant Chemical Examiner to Government, Regional Forensic Science Laboratory, Vellore reveals that the samples contain 6. 5 mgms% w/v of Atropine per 100 ml. a poisonous substance. 3. 2. Apart from the above, the detaining authority also took note of the four adverse cases pending against the detenu, viz. , i. Crime No. 15 of 2007 registered on the file of Virinchipuram Police Station for the occurrence said to have taken place on 17. 1. 2007 for the offences punishable under Sections 4 (1) (aaa) and Section 4 (1-A) (ii) of the Tamil Nadu Prohibition Act; ii. Crime No. 115 of 2007 registered on the file of Vellore Prohibition Enforcement Wing for the occurrence said to have taken place on 22. 2. 2007 for the offences punishable under Sections 4 (1) (a) of the Tamil Nadu Prohibition Act; iii. Crime No. 55 of 2007 registered on the file of Virinchipuram Police Station for the occurrence said to have taken place on 23. 2. 2007 for the offences punishable under Sections 4 (1) (a) of the Tamil Nadu Prohibition Act; and iv. Crime No. 283 of 2007 registered on the file of Vellore Prohibition Enforcement Wing for the occurrence said to have taken place on 5. 6. 2007 for the offences punishable under Sections 4 (1) (i) of the Tamil Nadu Prohibition Act. 3. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order and public health, passed the impugned order.