SARALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the sister-in-law of the detenu Anbu, son of Ponnuvel. The detenu was incarcerated by order dated 4. 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. Hence, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 4. 7. 2007 in 291/2007 against her brother-in-law, who is now confined at Central Prison, Chennai, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) ON 21. 6. 2007, the detenu had sold illicit arrack containing atropine of 8. 5% mg per 100 ml. A case was registered in Crime No. 204 of 2007 on the file of Prohibition Enforcement Wing, Poonamallee, for the offences punishable under Section 4 (1) (i), 4 (1) (aa) 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 of alike nature 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.