CHINNAYAN Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner, who is the uncle of the detenu, who was incarcerated at Central Prison, Cuddalore, pursuant to the order of detention dated 26.8.2007 made in C2/37560/2007 passed against him by 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 14/1982) branding him as a Bootlegger, has filed the above petition seeking to quash the order of detention and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) On 20.7.2007, on a tip off, Inspector of Police, Kanjanur P. S. conducted prohibition raid at Nanthivadi lake bund along with his party. At that time, they saw the detenu selling illicit arrack and persons consuming the same. On seeing the police party, the other persons fled away from the scene and the detenu was apprehended. A case was registered and the detenu was arrested in Cr. No.146/2007 under Sec.4 (1) (aaa), 4 (1-A) and 4 (1) (i) of Tamil Nadu Prohibition Act. Police confiscated the arrack and sent the same for chemical analysis. On examination, the arrack was found to contain 3.18% W/v of Atropine. The detenu was arrested and produced before Judicial Magistrate No.1, Villupuram, for judicial remand.

(3.) The second respondent, taking note of the above case as a ground case and finding that there are six adverse cases of alike nature on the file of the same Police Station, viz. in Crime Nos.87/2006, 23/2007, 104/2007, 113/2007, 140/2007, 144/2007 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, ordered his detention dubbing him as a 'bootlegger'.