PAKKIRISAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu - Vaithi alias Vaithiyalingam, son of Somu, brother of the petitioner, 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.) 2. 1. The order of detention dated 28. 7. 2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 1512 of 2007 on the file of Nagapattinam Prohibition Enforcement Wing for the offences punishable under Sections 4 (1) (aaa), 4 (1) (i) read with 4 (1-A) of the Tamil Nadu Prohibition Act. On 16. 7. 2007 at 1400 Hours, the Inspector of Police, Prohibition Enforcement Wing, Nagapattinam along with his police party proceeded on a prohibition raid to Sithaimoor Village of Thirukkuvalai Police Station. During the course of the raid, the police party found the detenu selling illicit arrack from a 120 litres capacity lorry tube to unknown person, who escaped seeing the police party. The detenu also tried to run away from the scene but was apprehended by the police party. The contraband was seized. The samples were sent for chemical analysis. The Assistant Director, Regional Forensic Science Laboratory, Thanjavur, in his report, opined that the samples contained 5. 7%mg of Atropine per 100 ml, and the Assistant Medical Officer, Government District Head Quarters Hospital, Nagapattinam opined that the consumption of such arrack mixed with atropine would endanger life, even if intensive treatment is given to the patient. 2. 2. Apart from the above, the detaining authority also took note of five adverse cases pending against the detenu, viz. , Crime Nos. 209, 873, and 1291 of 2007 on the file of the Nagapattinam Prohibition Enforcement Wing for the offences punishable under Sections 4 (1) (aaa), 4 (1) (aa) read with 4 (1-A), and 4 (1) (aa) of the Tamil Nadu Prohibition Act; and Crime Nos. 48 and 89 of 2007 on the file of the Thirukkuvalai Police Station for the offences punishable under Sections 4 (1) (aaa) read with 4 (1-A) and 4 (1) (aaa) of the Tamil Nadu Prohibition Act. 2. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order and public health, passed the impugned order.

(3.) CHALLENGING the said detention, the brother of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the order made in C. O. C. No. 38 of 2007,d ated 28. 7. 2007 in detaining the detenu under 2-b of Tamil Nadu Act 14 of 1982, as a bootlegger, to quash the same and to direct the respondents to produce the detenu, who is detained at Central Prison, Trichy, before this Court and to set him at liberty.