SELVAM Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner, co-brother of the detenu Krishnamoorthy, who was incarcerated by order dated 12.7.2007 of the second respondent under the provisions 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 Bootlegger, and confined at Central Prison, Vellore, seeks a writ of Habeas Corpus to call for the records in connection with the said order of detention in D. O. No.31/2007-C2, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) On the basis of the complaint given by one Pandurangan, on 9.6.2007 at 13.30 hours, that after he consumed the illicit arrack bought from the detenu, he felt burning sensation in throat, chest and stomach, vomitted twice, felt giddiness and fell down, a case was registered in Crime No.526/2007 on the file of Tiruvannamalai Prohibition Enforcement Wing under Sections 4 (1) (i) read with 4 (1-A) (ii) of the Tamil Nadu Prohibition Act. The chemical analysis report of the samples taken from the arrack seized from the detenue disclosed that the arrack contained atropine of 6.7 mgms per 100 ml.

(3.) The second respondent, taking note of the above case as a ground case and finding that there are seven adverse cases in crime Nos.388/2006, 508/2006, 729/2007 and 1172/2006 on the file of Chengam Police Station for the offence under Sections 4 (1) (a), 4 (1) (g), 4 (1) (aaa) read with 4 (1-A) (ii) of the Tamil Nadu Prohibition Act and in Crime Nos.167/2006, 306/2007 and 463/2007 on the file of Tiruvannamalai Prohibition Enforcement Wing for the offence under Sections 4 (1) (aa) and 4 (1) (g) of the Tamil Nadu Prohibition Act, ordered his detention dubbing as a bootlegger.