SIVALINGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, Sivalingam, son of Shanmugam, who is the detenu, who was incarcerated by order dated 31. 5. 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 31. 5. 2007 in proceedings No. C3. D. O. No. 43/2007 against the petitioner, Sivalingam, now confined at Central Prison, Vellore, 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 dated 31. 5. 2007 came to be passed based on the ground case said to have taken place on 5. 5. 2007, on the basis of the complaint lodged by one Velu before the Sub Inspector of Police, Vaniyambadi Taluk Police Station. According to the complainant, he was consuming arrack daily. On 5. 5. 2007, he went to Indira Nagar and purchased one glass of arrack from Sivalingam, the detenu herein, for a sum of Rs. 30/ -. While consuming, he felt more odour. On consuming arrack, he felt more irritation in throat, dizziness and irritation in eyes and also felt giddiness. Suspecting that Sivalingam would have mixed some drug to give more booze and to prevent others from drinking the said arrack, he lodged a complaint to take necessary action.

(3.) THE second respondent, taking note of this case as a ground case and finding that there are five adverse cases pending against the detenu for the offences punishable under Section 4 (1) (aaa) and 4 (1) (i) 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 his detention dubbing him as a Bootlegger.