SELVI DHARANI Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) The order dated 3.4.2007, passed by the second respondent, dubbing one Rajini, wife of Ravi, as a bootlegger and directing her detention under Sec.3 (1) 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), is challenged in this writ petition by the mother of the detenu.

(2.) The order of detention dated 3.4.2007 came to be passed based on the ground case said to have taken place on 22.3.2007 at about 13.00 hours, on the basis of the complaint lodged by one Gopal before the Sub Inspector of Police, Vellore Taluk Police Station. According to the complainant, he was consuming arrack daily. On 21.3.2007, he went to Kennedy Palayam Kollaimedu for consuming arrack and he noticed one Rajini was selling arrack. He purchased one glass of arrack from Rajini for a sum of Rs.10/- at 20.00 hours. While consuming, he felt more odour. When he enquired Rajini, she told that it was a special arrack. On consuming arrack, he felt more irritation in throat, dizziness and irritation in eyes and also felt giddiness. Suspecting that Rajini would have mixed some drug to give more booze and to prevent others from drinking the said arrack, he lodged a complaint to take necessary action. A case was registered in Vellore Taluk Police Station in Crime No.122 of 2007 under Sec.4 (1)i and 4 (1-A) (ii) of the Tamil Nadu Prohibition Act. On chemical analysis of the arrack seized, it was disclosed that the sample contained 6.9mg% W/v of Atropine, which is a poisonous substance, which, in the opinion of the medical officer, would develop giddiness, vomiting, congestion of eye lids and respiratory failure, and if not treated vigorously would result in death due to Atropine poison.

(3.) The order of detention is also supported with seven adverse cases against the detenu bearing Crime Nos.294/2004, 58/2005,126/2005, 105/2006, 603/2006, 14/2007 and 73/2007 on the file of the Vellore Taluk Police State for the offences punishable under the Tamil Nadu Prohibition Act.