BANUMATHY Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of the detenu by name Govindaraj, who was detained at Central Prison, Vellore, by an order dated 16. 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 passed in proceedings C3. D. O. No. 53/2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) THE ground case which led to the passing of the detention order is that on 23. 06. 2007 at 9. 00 hours, during the prohibition raid conducted by the Inspector of Police attached to Gudiyatham Taluk Police Station along with police party, at the foot of the hills of Dhommanpatti, the detenu was found indulging in distilling arrack and on seeing the police, when he tried to escape, he was encircled and arrested by the police. On his confession admitting the offence, a case in Crime No. 241 of 2007 was registered on the file of Gudiyatham Taluk Police Station. The samples of arrack, as per the chemical analysis report, found admixed with 6. 5 mgms. % w/v of atropine.

(3.) THE second respondent, taking note of the above ground case and finding that the detenu came to the adverse notice of the authorities in three similar cases on the file of same police station, viz. , in Crime Nos. 203/2006, 917/2006 and 186/2007, having satisfied that there is compelling necessity to detain the detenu in order to prevent him from indulging in such activities, which are prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a Bootlegger.