KALA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) AGGRIEVED by the order of detention dated 9. 7. 2007 made in Memo No. 303/bdfgissv/2007 passed by the first 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) to detain one Ravanan, branding him as a Drug Offender, the petitioner, who is the wife of the detenu, filed the above petition seeking to quash the order of detention and to direct the respondents to produce the detenu, now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

(2.) ON 9. 6. 2007, the Sub-Inspector of Police attached to N. I. B. , C. I. D. , Chennai, found the detenu in possession of a suitcase, which contained 100 gms. of ganja in small polythene packets and 10. 750 gms. of ganja in loose. The detenu was arrested and the contraband was seized. On the basis of the report lodged by the Sub-Inspector of Police, a case was registered in Crime No. 68 of 2007 on the file of NIB CID, Chennai, for the offence under Section 8 (c) r/w 20 (b) (ii) (B) of NDPS Act and investigation was taken up. The detenu was produced before the learned VIII Metropolitan Magistrate, George Town, Chennai, who remanded him to judicial custody.

(3.) THE first respondent, taking note of the above case as a ground case and finding that there are two adverse cases of alike nature on the file of P. 1 Pulianthope Police Station, viz. in Crime Nos. 403 of 2006 and 52 of 2007, having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a 'drug Offender'.