RAJESWARI Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE first respondent herein clamped an order of detention as against Ravi alias Mandavai Ravi alias Ravichandran, son of Kannaiyan, 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.) THE order of detention came to be passed by the first respondent on the basis of the ground case said to have taken place on 15. 2. 2007 within the jurisdiction of the Inspector of Police, Marakanam Police Station. The detenu was found to be in possession of three mud pots, in which two mud pots contained 35 litres each and one mud pot contained 33 Litres, totalling 103 Litres of poisonous arrack, and was selling the same. A case was registered in Markanam Police Station in Crime No. 56 of 2007 under Sections 4 (1-A), 4 (1) (aaa), 4 (1) (i) of the Tamil Nadu Prohibition Act. On chemical analysis of the arrack seized, it was disclosed that the same contained 3. 76, 3. 76, 3. 76 mg% W/v of Atropine respectively, which is a poisonous substance, which, in the opinion of the medical officer, would develop giddiness, vomiting, congestion of eye lids and respiratory failure, and if not treated vigorously would result in death due to Atropine poison. The order of detention is also supported with four adverse cases against the detenu bearing Crime Nos. 5/2006, 104/2006 and 438 of 2006 on the file of the Tindivanam Prohibition and Excise Wing, and a Crime No. 55/2006 pending on the file of Markanam Police Station for the offences punishable under the Tamil Nadu Prohibition Act.

(3.) CHALLENGING the said detention, the wife of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to direct the respondents to produce the detenu Ravi alias Mandavai Ravi alias Ravindran, son of Kanniyan, who is detained under Tamil Nadu Act 14 of 1982 by the first respondent in his proceedings C2/10057/2007, dated 8. 3. 2007 now confined in the Central Prison, Cuddalore and to quash the detention order and to him at liberty.