SENTHAMIL SELVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenue by name Jaisankar, who was detained at Central Prison, Tiruchirppalli, by an order dated 22. 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, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in C. O. C. No. 32 of 2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) THE ground case, which led to the passing of the detention order is that on 1. 7. 2007 at 5. 30 hours, while conducting prohibition raid at Kiliyanur village, the Inspector of Police, Perambur Police Station, found the detenu selling illicit arrack. On seeing the police party, persons who had come there to consume the illicit arrack took to their heels, but the detenu was apprehended by the police. On the basis of confession statement given by him, a case in Cr. No. 392/2007 was registered for offences under Section 4 (1) (i) 4 (1) (aaa) r/w 4 (1-A) of the Tamil Nadu Prohibition Act. The sample of illicit arrack seized was sent for Chemical Analysis and it was found admixed with 7. 9 mgs of atropine".

(3.) THE second respondent, taking note of the above ground case and finding that the detenu came to the adverse notice of the authorities in six cases of alike nature, viz. in Crime Nos. 199/2004, 435/2004, 501/2004 and 42/2005 on the file of Perambur police station and in Crime Nos. 105/2006 and 880/2007, having satisfied that there is compelling necessity to detain the detenu in order to prevent him from indulging in such activities, which are prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a Bootlegger.