MANIMEGALAI Vs. STATE

JUDGEMENT

(1.) THE order of detention dated 6.11.2007, clamped on the detenu by name Manivannan by the second respondent in C3/D.O.No.101/2007, branding him as a Bootlegger under Section 3(1) of 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), is being challenged in this writ petition by the daughter of the detenu.

(2.) THE order of detention dated 6.11.2007 came to be passed based on the ground case said to have taken place on 14.10.2007, registered in Vellore Taluk Police Station Crime No.457 of 2007 for offences under Sections 4(1)i, 4(1)(aaa), 4(1-A)ii of the Tamil Nadu Prohibition Act and 328 IPC, complaint of which was lodged by one Murugan. It is alleged in the complaint that the complainant purchased arrack from the detenu and after consuming the same, unable to withstand, he left the place and after some time, he felt giddiness and fell down and after regaining he again felt dizziness and irritation in eyes. Suspecting that the arrack would have been admixed with some poisonous substances in order to increase the intoxication, the complainant lodged the complaint, based on which, the detenu was arrested and on interrogation, he admitted that he has been indulging in selling illicit arrack. THE detenu was later sent to Court for judicial remand and the sample of arrack, when sent for chemical analysis, was admixed with 6.9. mg.% w/v of atropine, which is a poisonous substance.

(3.) WE heard the submissions of both sides and perused the materials produced before us.