SAMIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The second respondent herein clamped an order of detention as against the detenu-Abdul Razak, husband of the petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Bootlegger and he has to be detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).

(2.) 2.1. The order of detention dated 14.5.2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 130 of 2007 on the file of Thiruvannamalai Taluk Police Station for the offences punishable under Sections 4(1)(i) read with 4(1-A)(ii) of the Tamil Nadu Prohibition Act, based on the complaint of one Elumalai, who consumed liquor purchased from the detenu and felt burning sensation in eyes and stomach, vomited and fell down. After investigation, the detenu was arrested and the contraband was seized. The samples were sent for chemical analysis and report reveals that the sample of arrack contained 6.7%mg of Atropine per 100 ml, and the same would endanger life.

(3.) Challenging the said detention, the wife of the detenu has, come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the order made in D.O. NO. 27/2007-C2, dated 14.5.2007 in detaining the detenu as a bootlegger, to quash the same and to direct the respondents to produce the detenu, who is detained at Central Prison, Vellore, before this Court and to set him at liberty.