SARASWATHI Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Habeas Corpus Petition is instituted by the wife of the detenu, challenging the validity and sustainability of the order of preventive detention passed by the District Magistrate and District Collector, Salem, on 04.1.2017 detaining her 25 years old husband by name Sankar, S/o. Kandasamy, resident of Ramaseshapuram, Attur Taluk, Salem District, as the said individual answered the definition of "Bootlegger" in terms of Section 2(b) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (in short referred to as the 'Act' henceforth).

(2.) On 04.1.2017, the Detaining Authority had also drawn the grounds of detention and made the same available to the detenu. It was set out that on 07.1.2015, at about 7 AM, the Inspector of Police, Attur Prohibition and Enforcement Wing, along with his party, was conducting a watch near Pillayar temple close by Deviakurichi river under the limits of Thalaivasal Police Station. The detenu Sankar was nabbed by the police while he was found carrying 55 litres of illicit arrack in a gunny sack carrying the same on his motorcycle. The detenu, in connection with Crime No. 12 of 2015, has been produced before Judicial Magistrate No. II, Attur, who has remanded him to judicial custody. The detenu was enlarged on a conditional bail on 21.1.2015 by the Principal Sessions Judge, Salem. Again on 23.4.2016, at about 14 Hours, the Inspector of Police, Attur Prohibition and Excise Wing, along with the Additional Divisional Excise Officer, Salem and other police personnel, was conducting a watch in connection with prohibition raid near the burial ground of Ramaseshapuram village. Even in this raid, the alleged detenu was found in possession of 20 litres of illicit arrack. Even in this case, a conditional bail order was granted by the Vocational Sessions Judge, Salem on 11.5.2016.

(3.) The third event narrated in the grounds of detention related to the incident occurred on 25.2016 where the alleged detenu was found carrying a gunny sack comprising of 40 packets of illicit arrack of 250ml each. In this case also, the accused was enlarged on bail. The next incident took place on 17.10.2016 at 7 AM, where the alleged detenu was caught with 20 litres of illicit arrack and even in this case, he was granted bail by this Court on 212.2016 and the next incident took place on 24.10.2016, in which case, he was remanded upto 09.1.2017.