J BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the detenu herein. He was incarcerated by order dated 24. 4. 2007 of the second respondent under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a Drug Offender. Hence, he has preferred this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 24. 4. 2007 in Cr. M. P. No. 03/do/2007 against him, now confined at Central Prison, Coimbatore, to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) ACCORDING to the detaining authority, viz. , the second respondent, the ground case is said to have taken place on 8. 3. 2007 at about 9. 00 hours. On the basis of the information given by a secret informant, the Sub Inspector, NIB CID, Coimbatore, along with police party accompanying the informant, proceeded to the place of occurrence, near Kollupalayam, Avinasi Road, Coimbatore, where they found one person was selling something to an unidentified person. On seeing the police, the unidentified person escaped from the scene of occurrence. The said person was apprehended. During interrogation, it was found that the said person, the detenu herein, is possessing 2. 250 kgs of ganja in his bag. He gave a confession statement. A case in Crime No. 30/2007 was registered against the detenu on the file of NIB CID, Coimbatore for the offence punishable under Section 8 (c) r/w 20 (b) (ii) (B) of NDPS Act.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are four adverse cases in Crime No. 11/2004, 41/2006, 97/2006 and 126/2006 for the offence punishable under Section 8 (c) r/w 20 (b) (ii) (B) of NDPS Act and having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Drug Offender.