MUNNIAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above writ petition is filed by the wife of the detenu, Govindan, son of Chittu Gounder, for issuance of a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 21. 4. 2007 in C2/17352/2007 against the detenu, who is confined at Central Prison, Cuddalore, to set aside the same and to direct the respondents to produce him before this Court and to set him at liberty.

(2.) THE order of detention dated 21. 4. 2007 was passed on the basis of ground case in Crime No. 422 of 2007 for alleged commission of offences under Sections 4 (1) (i), 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act. The allegation against the detenu was that on 9. 4. 2007, when the Inspector of Police, Kallakurichi Incharge of Tirukoilur Prohibition Enforcement Wing along with his police party conducted prohibition raid at Nedumanur Village based on information received, they saw the detenu pouring arrack, taking money and giving the arrack to some person sitting before him. The detenu was arrested, the contraband was seized and a case was registered. The samples of arrack seized were sent for chemical analysis and the report of the Scientific Officer and Government Assistant Chemical Analysist, Regional Forensic Science Laboratory, Villupuram reveals that the samples contain 2. 89 mg% w/v/ of Atropine per 100 ml, which is a poisonous substance.

(3.) THE main contention of the learned counsel for the petitioner is that even though the representation dated 27. 4. 2007 of the detenu was received by the detaining authority on 30. 4. 2007, viz. , within the statutory period of twelve days, the detaining authority, without considering the said representation, has forwarded the same to the Government and such failure to exercise the power conferred on the detaining authority vitiates the detention order.