KANDAN Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who was incarcerated at Central Prison, Vellore, by an order dated 9.7.2007 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 him as a Bootlegger, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention dated 9.7.2007 passed in C3. D. O. No.50/2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) On 22.6.2007, while conducting prohibition raid by the police attached to Vaniyambadi Town Circle, the detenu was found selling illicit arrack containing atropine of 6.7 mgms. as per chemical analysis report. A case was registered in Crime No.320/2007 on the file of Ambalur Police Station for offences punishable under Sec.4 (1) (i), 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act read with Sec.328 I. P. C. The detenu was arrested and produced before the District Munsif cum Judicial Magistrate, Vaniyambadi, for judicial remand.

(3.) The second respondent, taking note of the above case as a ground case and finding that there are seven adverse cases of alike nature on the file of same police station in Crime Nos.24/2006, 117/2006, 126/2006, 163/2006, 249/2006, 307/2006 and 14/2007, ordered his detention dubbing him as a bootlegger.