KANNAGI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Govindaraj, husband of the petitioner, as the said authority arrived at the subjective satisfaction that the 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.) THE order of detention dated 29. 10. 2007 came to be passed by the second respondent on the basis of the ground case said to have taken place on 4. 10. 2007, complaint of which was given by one Palani. According to the complainant, on 4. 10. 2007, when he purchased and consumed arrack sold by the detenu, he felt giddiness, burning sensation in eyes and stomach and vomited, he could not stand and became unconscious. Based on the abovesaid complaint, the Inspector of Police, Kandili Circle registered a case in Crime No. 664 of 2007 for the offences punishable under Sections 4 (1) (i), 4 (1) (aaa), 4 (1-A) (ii) of the Tamil Nadu Prohibition Act read with Section 328 IPC. The police party found the detenu selling arrack. The detenu was arrested on the spot and the contraband was seized. On chemical analysis, it was found that the arrack is mixed with 6. 7 mg. of atropine per 100 ml. arrack and the same is a poisonous substance.

(3.) CHALLENGING the abovesaid detention, the wife of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records in proceedings No. C3/d. O. No. 97/2007, dated 29. 10. 2007 passed by the second respondent, to set aside the same and to direct the respondents to produce the detenu, now detained and confined in the Central Prison, Vellore, before this Court and to set him at liberty.