MINNALA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu - son 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. 1the order of detention dated 20/1/2007 came to be passed by the second respondent on the basis of the ground case in Crime No. 5 of 2007 on the file of Kadambathur Police Station for the offences punishable under Sections 4 (1) (aaa) read with 4 (1-A) of the Tamil Nadu Prohibition Act. It is stated that on 7/1/2007 at about 11. 00 a. m. , when the Sub Inspector of Police, Kadambathur Police Station along with his party were on patrol, they found a person (detenu) in a suspicious manner and on searching they found 105 litres of poisonous country arrack in the polythene bags which were in his possession. The detenu was immediately arrested and the contraband was seized. The samples were sent for chemical analysis and report reveals that the sample of arrack contained 8. 1%mg of Atropine per 100 ml, and the same would endanger life.

(3.) CHALLENGING the said detention, the mother of the detenu has preferred this Habeas Corpus Petition seeking a writ of habeas corpus to direct the respondents to produce the detenu, now confined in Central Prison, Puzhal, Chennai, before this Court and to call for the records of the respondents relating to the order of detention vide proceedings dated 20/1/2007 made in BDFGISSV No. 1/2007, to set aside the same and to set the detenu at liberty.