SARAVANAN Vs. SECRETARY GOVERNMENT OF TAMIL NADU PROHIBITION AND EXCISE DEPARTMENT FORT ST GEORGE CHENNAI 9

JUDGEMENT

(1.) CHALLENGE in this Habeas Corpus Petition is to the detention order dated 09. 02. 2007 whereby petitioner's brother Balu was branded as "bootlegger" as contemplated under 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].

(2.) THE detenu had earlier come to adverse notice in four prohibition cases, Thanipadi P. S. in Cr. Nos. 928/2005, 98/2006, 644/2006 and 754/2006. . THE immediate cause for passing the detention order is the occurrence on 10. 01. 2007 where the detenu is alleged to have sold illicit arrack allegedly containing poisonous substance. On the complaint lodged by the complainant Kesavel, case was registered in Cr. No. 6/2007 on Thanipadi P. S. On being satisfied that if the detenu comes out on bail he will indulge in future activities which would be prejudicial to the maintenance of public order, the impugned detention order was clamped on the detenu.

(3.) CASE of detenu is that he was taken to illegal custody on 08. 01. 2007 and formal arrest had been shown on 10. 01. 2007 and had he been in continued custody from 08. 01. 2007, he could not have been involved in cr. No. 6/2007. The detenu had asked for Para Register, Food Distribution register and Prisoner's Search Register to substantiate his defence. Though such plea was reflected in the representation, we are of the view that representation was mechanically rejected, by simply stating that the documents were already furnished to the detenu.