S KANNIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, cousin brother of the detenu by name Annamalai, who was incarcerated at Central Prison, Vellore, by order dated 31. 10. 2007 of the second respondent under the provisions 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) branding him as a Bootlegger, seeks a writ of Habeas Corpus to call for the records in connection with the said order of detention made in proceedings C3/d. O. No. 99/2007, to quash the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) ON the basis of the complaint lodged by one Kuppan that on the morning of 10. 10. 2007, while returning home after attending his work, he bought arrack from the detenu and after consuming the same, he felt giddiness and unable to walk, he fell down and he suspected that the detenu would have mixed some poisonous substances in order to boost the intoxication in the liquor, the Inspector of Police attached to Veppankuppam Police Station proceeded to the spot and noticing the detenu selling illicit arrack arrested him and brought to the police station along with seized articles including samples of arrack. A case was registered against the detenu in Veppankuppam P. S. Crime No. 276/2007 for offences under Sections 4 (1)i (aaa) and 4 (1-A) (ii) of the Tamil Nadu Prohibition Act r/w Section 328 IPC and later, the detenu was sent to Court for judicial remand. The sample of arrack was found admixed with 6. 4 mg. % of atropine, as per the chemical analysis report.

(3.) THE main contention of the learned counsel for the petitioner is that when there is no whisper either in the list of articles seized from the spot about the seizure of fermented wash or the receipt of the same by the chemical analyst, it is not known how the detaining authority has observed that the Assistant Director and Assistant Chemical Examiner analysed the sample arrack and fermented wash and gave his report that the liquid contains ethyl alcohol, atropine, etc. , which is an incorrect statement of fact and without any supporting material and hence, the impugned order of detention vitiates on the ground of non-application of mind by the detaining authority.