R SIVANESAN Vs. STATE

JUDGEMENT

(1.) The order of detention dated 16.11.2007, clamped on the detenu by name Ramesh by the second respondent in C3/D.O. No. 104/2007, 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 friend of the detenu.

(2.) While surveilling for prohibition cases in the Upparapalli village, the Inspector of Police attached to Gudiyatham Taluk police station noticed the detenu indulging in selling illicit arrack and on seeing the police party, when he attempted to escape, the police party encirled and arrested him. On interrogation, the detenu admitted the offence and he was brought to the police station along with seized materials. A case in Crime No. 484 of 2007 for offences under Sections 4(1)i, 4(1)aaa, 4(1-A)(ii) of the Tamil Nadu Prohibition Act. The detenu was, later, produced before the Court for remanding him to judicial custody and the sample of arrack, when sent for chemical analysis, was found admixed with 6.1 mgms.% w/v of atropine, which is a poisonous substance.

(3.) The detaining authority, taking note of the above ground case as well as four adverse cases of similar nature on the file of same police station, viz. in Crime Nos. 705/2006, 930/2006, 259/2007 and 483/2007 and having come to the subjective satisfaction that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a Bootlegger.