KALA Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner is the wife of the detenu, Thennu @ Thennarsu, son of Rasu Thevar. The detenu was incarcerated by order dated 4.8.2007 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 him 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 4.8.2007 in C. O. C. No.42/2007 against her husband, who is now confined at Central Prison, Tiruchirapalli, 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.) According to the detaining authority, viz. , the second respondent, the detenu was found selling illicit arrack on 26.7.2007. The Inspector of Police, Prohibition Enforcement Wing, Nagapattinam apprehended the detenu and seized the illicit arrack found therein. The samples were sent for chemical analysis and it was found that the arrack contained 5.6% mg atropine per 100 ml. A case was registered in Crime No.1576/2007 under Sec.4 (1) (aa) r/w 4 (1-A) 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 five adverse cases in Crime Nos.160/2005, 898/2005, 91/2006, 314/2006 and 1575/2007 on the file of Velippalayam Police Station for the offence punishable under Sec.4 (1) (aa) r/w 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 his detention dubbing him as a bootlegger.