ADHILAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE order of detention dated 15.11.2007, clamped on the detenu by name Venkatesan @ Kangu Venkatesan by the second respondent in C3/D.O.No.105/2007, 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 wife of the detenu.

(2.) WHILE conducting vehicle check regarding prohibition cases near Asiriyar hill temple at Puthoor within the limits of Thiruvalam Police Station, the Inspector of Police Vellore Prohibition Enforcement Wing 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 Vellore P.E.W. Police Station Crime No.693 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 6.9 mgms.% w/v of atropine, which is a poisonous substance.

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