SELVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 15. 05. 2007, whereby, she has been detained as 'bootlegger' as contemplated under 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 ).

(2.) IT is seen from the grounds on which the detention order came to be passed that on 21. 04. 2007, the Inspector of Police attached to Walajabad Police Station along with his Police party, conducted a prohibition raid and at the River Bund North of Amgampakkam Colony, he found the detenue selling some liquid in a tumbler and receiving money. On seeing the police party, she tried to escape, however, she was apprehended and the search revealed that she had in her possession four plastic cans, each with a capacity of 35 litres, totally containing 140 litres of diluted rectified spirit with poisonous odour. The detenue was arrested and the contraband and sale proceeds were seized. A case was registered in Crime No. 124 of 2007 for offences under Sections 4 (1) (i), 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act read with Sections 6 and 11 of RS Rules 2000. Samples of the contraband sent for chemical analysis were found to contain 9. 3 mg. weight/volume of atropine and the Analyst's opinion was to the effect that diluted rectified spirit mixed with such volume, if consumed, would be fatal if not treated vigourously. The Detaining Authority, taking note of six adverse cases to the credit of the detenue, clamped the order of detention branding her as 'bootlegger'.

(3.) THE prayer in this petition is for the issuance of a writ of Habeas Corpus to direct the respondents to produce petitioner Selvi, now confined in Special Prison for Women, Puzhal, Chennai, before Court and set her at liberty by calling for the records pertaining to the order of detention passed by the second respondent dated 15. 05. 2007 under Ref. B. D. F. G. I. S. S. V. No. 31 of 2007.