S RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, son of the detenue, by name Kasthuri, 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 her as a Bootlegger, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in C3. D. O. No. 54/2007, to set aside the same and to direct the respondents to produce her before this Court and set her at liberty.

(2.) FACTS which led to the passing of the detention order is as follows :-"on 23. 06. 2007 at 09. 00 hours, while conducting prohibition raid at Kavakkarai Theru in Perumuchi Village, the Inspector of Police, Arakonam Town Police Station found the detenue selling illicit arrack. On seeking the police party, persons who had come there to consume the illicit arrack escaped, and the detenue was arrested and on the basis of confession statement given by her, a case in Cr. No. 276/2007 was registered for offences under Section 4 (1) (i) 4 (1) (aaa) 4 (1-A) II of the Tamil Nadu Prohibition Act r/w Section 328 IPC. The sample of illicit arrack seized was sent for Chemical Analysis and it was found admixed with 6. 6 mgs of atropine".

(3.) THE second respondent, taking note of the above ground case and finding that the detenue came to the adverse notice of the authorities in three cases of alike nature on the file of same police station, viz. , in Crime Nos. 140/2006, 1114/2006 and Cr. No. 130/2007, having satisfied that there is compelling necessity to detain the detenue in order to prevent her from indulging in such activities, which are prejudicial to the maintenance of public order and public health, ordered her detention dubbing her as a Bootlegger.