VASUKI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of detenu Kannan. The detenu was clamped with an order of detention dated 23. 7. 2007 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 he is now confined at Central Prison, Cuddalore. Hence, the wife of the detenu seeks a writ of Habeas Corpus to call for the records in connection with the said order of detention in Ref. No. C2/31801/2007, to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) THE Inspector of Police, Kallakurichi Prohibition Enforcement Wing conducted prohition raid in Vilambavoor Village on 8. 7. 2007. At that time, he found the detenu pouring some liquid in a glass tumbler from a white colour plastic can and giving the same to a person. He caught the detenu and seized a can of 6 litres arrack and two lorry tubes containing 55 litres of arrack. A case was registered in Crime No. 998/2007 on the file of Kallakurichi Prohibition Enforcement Wing under Sections 4 (1) (A), 4 (1) (aaa) read with 4 (1) (i) of the Tamil Nadu Prohibition Act. The chemical analysis report of the samples taken from the arrack seized from the detenue disclosed that the arrack contained atropine of 3. 47 mgms per 100 ml.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are five adverse cases in crime Nos. 843/2006, 937/2006, 397/2007, 455/2007 and 481/2007 on the file of Kallakurichi Prohibition Enforcement Wing for the offence under Sections 4 (1) (a) and 4 (1-A) of the Tamil Nadu Prohibition Act, ordered his detention dubbing as a bootlegger.