SYED NOORULLAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is the husband of detenue, Sayathi, who was incarcerated by order dated 25. 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 her as a Bootlegger, has preferred this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent in D. O. No. 33/2007-C2 against the petitioner's wife, Sayathi, now confined at Special Prison for Women, Vellore to set aside the same and to direct the respondents to produce the above said detenue before this Court and set her at liberty.

(2.) ON the basis of the complaint given by one Musthafa on 3. 7. 2007 at 10. 30 hours before the Sub Inspector of Police, Vandavasi South Police Station, that on 3. 7. 2007 at about 8. 00 hours, he purchased two tumblers of I. D. arrack from the detenue and after consuming the same, he felt burning sensation in his eyes, stomach and throat, giddiness, vomitting, blurring vision and fell down, a case was registered in Crime No. 89 of 2007 under Sections 4 (1-A), 4 (1) (aaa) read with 4 (1) (i) of the Tamil Nadu Prohibition Act. The chemical analysis report revealed that illicit arrack contained atropine of 6. 9 mg per 100ml.

(3.) THE second respondent, taking note of this case as a ground case and finding that there are eight adverse cases pending against the detenue in Crime Nos. 56/2003, 206/2005, 127/2006, 445/2006, 449/2006, 705/2006, 720/2006 and 71/2007 on the file of Vandavasi South Police Station for the offences punishable under Sections 4 (1) (i), 4 (1) (a), 4 (1) (aa), 4 (1) (aaa), 4 (1) (aaa) read with 4 (1-A) (ii)of the Tamil Nadu Prohibition Act and 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 and public health, ordered her detention dubbing her as a Bootlegger.