CHANDRA Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE SALEM

JUDGEMENT

(1.) The petitioner is the wife of the detenu Ramasamy, son of Ragupathy. The detenu was incarcerated by order dated 5.8.2007 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, Salem. Hence, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the said order of detention made in CMP. No.5/bla/c2/2007, dated 5.8.2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) On 18.7.2007, the detenu was found selling illicit arrack to some persons near a thorny bush on Kattukottai Vadachennimalai Road. The Inspector of Police, Prohibition Enforcement Wing, Attur apprehended the detenu and seized the illicit arrack found therein. The samples were sent for chemical analysis and it was found that the arrack contained 5.8% mg atropine per 100 ml. A case was registered in Crime No.468/2007 under Sec.4 (1) (i) and 4 (1-A) of the Tamil Nadu Prohibition Act.

(3.) The second respondent, taking note of the above case as a ground case and finding that there are four adverse cases in Crime Nos.182/2006, 565/2006, 279/2007 and 679/2007 on the file of Attur Prohibition Enforcement Wing for the offence punishable under Sec.4 (1) (aa), 4 (1-A) of the Tamil Nadu Prohibition Act @ 4 (1) (aaa) of the Tamil Nadu Prohibition Act and having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a bootlegger.