SARASWATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu Govindan, who was incarcerated by order dated 29. 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, and confined at Central Prison, Vellore, seeks a writ of Habeas Corpus to call for the records in connection with the said order of detention in D. O. No. 34/2007-C2, 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 given by one Sivanagiri on 23. 6. 2007 at 16. 00 hours, that after he consumed the illicit arrack bought from the detenu, he felt burning sensation in the eyes, throat, stomach and giddiness and vomitted and fell down, a case was registered in Crime No. 255/2007 on the file of Thanipadi Police Station, under Sections 4 (1) (i) read with 4 (1-A) (ii) of the Tamil Nadu Prohibition Act. During the course of investigation, the detenu was arrested and samples of illicit arrack were taken and subsequently, the case was altered into Sections 4 (1) (i), 4 (1) (aaa) r/w 4 (1-A) (ii) 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 6. 7 mgms per 100 ml.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are three adverse cases of similar nature in crime Nos. 44/2006, 166/2007 and 330 of 2006 on the file of same police station, having satisfied that there is compelling necessity to detain the detenu in order to forbid him from indulging in such activities prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a bootlegger.