R THAVAMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Mani, brother-in-law of the petitioner, 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.) 1. The order of detention dated 26. 8. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 435 of 2007 on the file of Velippalayam Police Station for the offences punishable under Sections 4 (1) (aaa), 4 (1) (i) read with 4 (1-A) of the Tamil Nadu Prohibition Act. On 14. 8. 2007, the Inspector of Police, Nagapattinam Town Police Station and police party proceeded on prohibition raid and found the detenu selling illicit arrack to unknown person. The detenu was arrested on the spot and the contraband was seized. The samples were sent for chemical analysis and report reveals that the sample of arrack contained 5. 4%mg of Atropine per 100 ml, and the same would endanger life. 2. 2. Apart from the above, the detaining authority also took note of three adverse cases pending against the detenu, viz. , Crime No. 173 of 2007 on the file of Velipalayam Police Station for the offences punishable under Sections 4 (1) (aaa) of the Tamil Nadu Prohibition Act; and Crime Nos. 879 and 1317 of 2007 on the file of the Nagapattinam Prohibition Enforcement Wing for the offences punishable under Sections 4 (1) (aa) and 4 (1) (aaa) of the Tamil Nadu Prohibition Act respectively. 2. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order and public health, passed the impugned order.

(3.) CHALLENGING the said detention, the brother-in-law 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 before this Court, now confined in Central Prison, Trichy and to call for the records of the respondents relating to the order of detention vide proceedings COC No. 47 of 2007, dated 26. 8. 2007, to set aside the same and to set the detenu at liberty.