SELVI Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE order dated 20/3/2007, passed by the first respondent, dubbing one Radhakrishnan, son of Ragupathi Gounder, as bootlegger and directing his detention 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), is challenged in this writ petition by the wife of the detenu.

(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 4. 3. 2007 within the jurisdiction of the Inspector of Police, Viluppuram Taluk Police Station. The detenu was found to be in possession of one white coloured plastic can filled with 35 Litres of poisonous arrack and another while colour plastic can containing 3 Litres of poisonous arrack, and was selling the same. A case was registered in Viluppuram Taluk Police Station in Crime No. 234 of 2007 under Sections 4 (1-A) and 4 (1) (i) of the Tamil Nadu Prohibition Act. On chemical analysis of the arrack seized, it was disclosed that the samples contained 3. 47, 3. 47mg% 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 three adverse cases against the detenu bearing Crime Nos. 548/2006, 765/2006 and 1152/2006 on the file of the Viluppuram Taluk Police Station for the offences punishable under the Tamil Nadu Prohibition Act.

(3.) HEARD Mr. R. Rajarathinam, learned counsel for the petitioner and Mr. Paul Noble Devakumar, learned Government Advocate appearing for the respondents.