LAKSHMI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Jayaraman, son of Kothandan, 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.) CHALLENGING the abovesaid 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 pertaining to the detention order passed against the detenu by the second respondent in proceedings No. BDFGISSV/69/2007, dated 26. 10. 2007, set aside the same and to direct the respondents to produce the body of the detenu, now detained at Central Prison, Puzhal, Chennai before this Court and to set him at liberty.

(3.) 3. 1. On 9. 10. 2007, the Inspector of Police attached to Prohibition Enforcement Wing, Madurantakam, conducted prohibition raid at Sandaimedu, Acharapakkam, where he noticed the detenu selling illicit arrack and immediately, he surrounded the detenu and apprehended him at the spot. After making the seizure of the illicit arrack found at the spot, the Inspector of Police returned to the police station along with the detenu and the seized properties and registered a case in Crime No. 1075/2007 for the offence punishable under Section 4 (1) (i), 4 (1) (aaa) and 4 (1) (A) of the Tamil Nadu Prohibition Act r/w Rules 6 and 11 of Rectified Spirit Rules. The detenu was sent for judicial remand. The samples, as per the chemical analysis report, were found to contain 8. 5% w/v of atropine.