MALA Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) THE petitioner is the sister of the detenue, Juli, wife of Nagaraj. The detenue was incarcerated by order dated 16. 5. 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. Hence, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 16. 5. 2007 in BDFGISSV. No. 34/2007 against her sister, who is now confined at Special Prison for Women, Puzhal, Chennai, to set aside the same and to direct the respondents to produce the above said detenue before this Court and set her at liberty.

(2.) ACCORDING to the respondents, the detenue was found selling illicit arrack on 22. 4. 2007. The Inspector of Police, Kanchi Taluk Police Station, apprehended the detenue and seized the illicit arrack found therein. The samples were sent for chemical analysis and it was found that the arrack contained 9. 3% mg atropine per 100 ml. A case was registered in Crime No. 399/2007 under Section 4 (1) (i), 4 (1-A) and 4 (1) (aaa) of the Tamil Nadu Prohibition Act.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are four adverse cases of alike nature and having satisfied that there is a compelling necessity to detain the detenue in order to prevent her from indulging in the activities which are prejudicial to the maintenance of public order and public health, ordered her detention dubbing her as a bootlegger.