M.ANNAMALAI Vs. STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT HOME, PROHIBITION AND EXCISE DEPARTMENT

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for the records relating to the detention order passed in D.O.No.17/2017-C2 dated 17.04.2017, against the detenue by name, Saraswathi, aged 35 years, w/o.(late) Sankar, Selvapuram H/o, Vada Andapattu Village, Tiruvannamalai Taluk and District and quash the same.

(2.) The Inspector of Police, Tiruvannamalai, Prohibition Enforcement Wing, as Sponsoring Authority, has submitted an affidavit to the Detaining Authority, wherein, it is averred to the effect that the detenue has involved in the following adverse cases:

(3.) Further, it is averred in the petition that on 03.04.2017, one Subramani, S/o.Kumar, Mariyamman Koil Street, Poomathakulam, Tiruvannamalai Town, Taluk and District, has given a oral complaint. On the basis of the oral complaint, the police party has seen the detenue while selling arrack and after observing due formalities, they registered a case in Crime No.201 of 2017 under Sections 4(1) (i) r/w.4(1-A)(ii) of Tamil Nadu Prohibition Act, 1937 and ultimately, requested the Detaining Authority to invoke Act 14 of 1982 against the detenue.