K BHUVANESHWARI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, who is the wife of the detenu, Selvam @ Patthar Selvam, son of Nallamuthu, who was incarcerated by order dated 25. 4. 2007 of the second respondent under Section 3 (1) 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, has preferred this writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 25. 4. 2007 in his Office Ref. No. C2/18371/2007 against the petitioner's husband, Selvam @ Patthar Selvam, son of Nallamuthu, now confined at Central Prison, Cuddalore, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) THE order of detention came to be passed by the second respondent on the basis of the ground case said to have taken place on 12. 4. 2007 within the jurisdiction of the Inspector of Police, Villupuram Taluk Police Station. The detenu was found to be in possession of one white coloured plastic can filled with 4 Litres of arrack, and was selling the same. A case was registered in Crime No. 358 of 2007 on the file of Villupuram Taluk Police Station under Section 4 (1) (i) and 4 (1-A) of the Tamil Nadu Prohibition Act. On chemical analysis of the arrack seized, it was disclosed that the samples contained 2. 89mg% W/v of Atropine, which is a poisonous substance, which, in the opinion of the medical officer, would develop giddiness, vomiting, congestion of eye lids and respiratory failure, and if not treated vigorously would result in death due to Atropine poison.

(3.) THE second respondent, taking note of this case as a ground case and finding that there are four adverse cases pending against the detenu for the offences punishable under Sections 4 (1) (A) (aaa), 4 (1) (i) and 4 (1-A) of the Tamil Nadu Prohibition Act, and having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order and public health, ordered him detention dubbing him as a Bootlegger.