MANIKANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu ? Rajaram, as the said authority arrived at the subjective satisfaction that the said detenu is a Bootlegger and he has to be detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) CHALLENGING the abovesaid detention, the petitioner, who is the son of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to direct the respondents to produce the detenu before this Court, now confined in Central Jail, Trichy, and to call for the records of the respondents relating to the order of detention vide proceeding COC No. 37/2007, dated 26. 7. 2007, to set aside the same and to set the detenu at liberty.

(3.) THE order of detention dated 26. 7. 2007 was passed on the basis of ground case in Crime No. 419 of 2007 for alleged commission of offences under Sections 4 (1) (aaa), 4 (1) (i) read with 4 (1-A) of the Tamil Nadu Prohibition Act. The allegation against the detenu was that on 14. 7. 2007, the Inspector of Police, Perambur Police Station, on specific information that the detenu was selling poisonous illicit arrack, proceeded on a prohibition raid, found the detenu selling illicit arrack and apprehended him. The contraband was seized. The samples of arrack seized were sent for chemical analysis and the report reveals that it contains 7. 5 mg% w/v of atropine, a poisonous substance and consumption of the arrack mixed with atropine would be fatal to life.