THILAGAVATHI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner, mother of the detenu, by name Pachchai, S/o. Ammasi, who was incarcerated by an order dated 1. 7. 2007 of the first 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, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention dated 1. 7. 2007 passed in C2/27914/2007 against the detenu, who is now confined at Central Prison, Cuddalore, to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) ON 30. 5. 2007, while conducting prohibition raid by the police attached to Thirunavalur Police Station, the detenu was found selling illicit arrack containing atropine of 3. 18 mg% W/v as per chemical analysis report. A case was registered in Crime No. 202/2007 on the file of Thirunavalur Police Station for offences punishable under Section 4 (1) (aa), 4 (1) (i) and 4 (1-A) of the Tamil Nadu Prohibition Act. The detenue was arrested and produced before the Judicial Magistrate No. II, Ulundurpet, for judicial remand.

(3.) THE first respondent, taking note of the above case as a ground case and finding that there are two adverse cases of alike nature on the file of same police station in Crime Nos. 459/2006 and 60/2007, ordered his detention dubbing him as a bootlegger.