D EASWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu - Devendran, 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.) CHALLENGING the abovesaid 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 leading to the detention of the detenu, now detained in Central Prison, Trichy under Tamil Nadu Act 14 of 1982 vide detention order dated 8. 4. 2007 on the file of the second respondent herein made in C. O. C. No. 10 of 2007, to set aside the same, to consequently 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 8. 4. 2007 was passed on the basis of ground case in Crime No. 400 of 2007 for alleged commission of offences under Sections 4 (1) (aaa), 4 (1) (i) read with 4 (1-A) of the Tamil Nadu Prohibition Act. The allegation against the detenu was that on 17. 3. 2007 when the Inspector of Police, Enforcement Wing, Nagapattinam along with his police party went on a prohibition raid to kovilkadambanur Village of Keevalur Police Station, at the backside of Kankuthu Ayyanarkoil, they found the detenu selling illicit arrack from a 120 Litres capacity lorry tube to an unknown person, who ran away seeing the police party. On verification, it was found that the lorry tube contained 105 Litres of Pondicherry arrack and the same emanated poisonous odour resulting in irritation to eyes. The detenu was arrested. The samples of arrack seized were sent for chemical analysis on 21. 3. 2007 through the learned Judicial magistrate I, Nagapattinam and the report of the Assistant director, Regional Forensic Science Laboratory, Thanjavur reveals that the samples contain 1. 5 mg% w/v of Atropine per 100 ml. The Assistant Medical Officer opined that consumption of arrack mixed with 1. 5 mg% w/v of Atropine in 100 ml. would affect the lungs and heart and is likely to endanger life, even if intensive treatment is given to patient.