BAVOOLRAJ Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner, who is the son of detenue, Sagayameri, who was incarcerated by order dated 18.2.2007 of the second respondent under Sec.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 her as a Bootlegger, has preferred this 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 18.2.2007 in D. No. C2/6985/2007 against the petitioner's mother, Sagayamari, now confined at Central Prison, Special Cell for Women, Vellore, to set aside the same and to direct the respondents to produce the above said detenue before this Court and set her at liberty.

(2.) On 8.2.2007, the Inspector of Police, Tirukoilur Prohibition Enforcement Wing, along with police party, while conducting prohibition raid at Pagandai Colony, found a woman, the detenue herein, possessing a white colour plastic can and pouring some liquid in a plastic tumbler and giving to a person standing in front of her. On seeing the police people, the person who drank it ran away. The said woman also tried to escape from that place, but she got caught by the police. Two lorry tubes containing 140 litres of arrack were recovered. The detenue was arrested at 9.30 hours and a case was registered in Crime No.142 of 2007 on the file of Tirukoilur Prohibition Enforcement Wing under Sections 4 (1) (i), 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act. Samples of country arrack were taken and were sent for chemical analysis, which disclosed that the arrack was mixed with atropine of 3.47mg%, which would be injurious and also fatal, if it not treated vigorously.

(3.) The second respondent, taking note of this case as a ground case and finding that there are four adverse cases pending against the detenue for the offences punishable under the Tamil Nadu Prohibition Act, and having satisfied that there is a compelling necessity to detain the detenue in order to prevent her from indulging in the activities which are prejudicial to the maintenance of public order and public health, ordered her detention dubbing her as a Bootlegger.