CHINNATHAMBI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The second respondent herein clamped an order of detention as against the detenu-Easwaran, brother of the Petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Bootlegger and he has to be detained under Sec. 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).

(2.) Challenging the abovesaid detention, the brother of the detenu has come forward with the present Habeas Corpus Petition seeking a Writ of Habeas Corpus to call for the records relating to the detention order passed by the second respondent pertaining to the order made in C3.D.O. No. 67/2007, dated 3.8.2007, to quash the same and to direct the respondents to produce the detenu, now confined at Central Prison, Vellore before this Court and to set him at liberty.

(3.) 1. The order of detention dated 3.8.2007 was passed on the basis of ground case in Crime No. 801 of 2007 for alleged commission of offences punishable under Sections 4(1)(i), 4(1)(aaa) and 4(1-A)(ii) of the Tamil Nadu Prohibition Act, based on the Complaint of one Inayathullah, who consumed liquor purchased from the detenu and felt burning sensation in eyes and stomach, vomited and fell down. After investigation, the detenu was arrested and the contraband was seized. The samples were sent for chemical analysis and report reveals that the sample of arrack contained 6.5% mg of Atropine per 100 ml, and the same would endanger life.