SUDHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE order dated 30. 3. 2007, passed by the second respondent, dubbing one Sengalvarayan, son of Adhikesavan, as bootlegger and directing his detention under Section 3 (1) 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), is challenged in this writ petition by the wife of the detenu.

(2.) THE order of detention came to be passed by the second respondent on the basis of the ground case said to have taken place on 7. 3. 2007 within the jurisdiction of the Inspector of Police, Kallakurichi Prohibition Enforcement. The detenu was found to be in possession of one white coloured plastic can filled with 5 Litres of poisonous arrack and two lorry tubes each containing 55 Litres of poisonous arrack, and was selling the same. A case was registered in Kallakurichi Prohibition Enforcement Wing in Crime No. 291 of 2007 under Section 4 (1-A), 4 (1) (aaa) and 4 (1) (i) of the Tamil Nadu Prohibition Act. On chemical analysis of the arrack seized, it was disclosed that the samples contained 3. 47, 3. 47, 3. 47mg% W/v of Atropine respectively, which is a poisonous substance, which, in the opinion of the medical officer, would develop giddiness, vomiting, congestion of eye lids and respiratory failure, and if not treated vigorously would result in death due to Atropine poison. The order of detention is also supported with three adverse cases against the detenu bearing Crime Nos. 673/2007, 142/2007 and 241/2007 on the file of the Kallakurichi Prohibition Enforcement Wing for the offences punishable under the Tamil Nadu Prohibition Act.

(3.) HEARD Mr. S. Vadivel Murugan, learned counsel for the petitioner and Mr. N. R. Elango, learned Additional Public Prosecutor appearing for the respondents.