SAKTHIVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was incarcerated at the Central Prison, Salem pursuant to an order dated 9. 5. 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, has preferred this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 9. 5. 2007 in C. M. P. No. 4/b. L. /2007 (M-1), to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) ON the basis of the complaint lodged by one Ganesan that on 23. 4. 2007 at 6. 00 hours, after he consumed the arrack bought from the detenu, he felt burning sensation in eyes and stomach and vomitted and lost his consciousness, a case was registered in Crime No. 593/2007 on the file of Prohibition Enforcement Wing, Tiruchengode, for offences punishable under Section 4 (1) (i), 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act. The chemical analysis report of the samples taken from the arrack seized from the detenu disclosed that the arrack contained atropine of 5. 8 mg per 100 ml. The detenu was arrested and produced before the Judicial Magistrate, Tiruchengode, for judicial remand.

(3.) TAKING into consideration the above case as the ground case and finding that there are two adverse cases of alike nature on the file of the same police station, viz. , in Crime Nos. 317/2007 and 447/2007, the second respondent, having satisfied that there is a compelling necessity to detain the detenu, ordered his detention dubbing him as a Bootlegger.