THIRU VELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the son of the detenue-Kaliyammal, who has been detained under Tamil Nadu Act 14 of 1982 branding her as "bootlegger" by the orders of the District Magistrate and District Collector, Vellore District made in his office Ref.No.C3.D.O.No.100/2007 dated 31.10.2007. Prior to the passing of the impugned detention order, four adverse cases were noticed against the detenue, namely, one under Section 4(1)(i) of the Tamil Nadu Prohibition Act, two under Section 4(1)(a) of the Tamil Nadu Prohibition Act and one under Section 4(1)(aa) of the Tamil Nadu Prohibition Act on the file of the Vaniyambadi Prohibition Enforcement Wing Police Station, Vellore District.

(2.) ON the afternoon of 9.10.2007, the Sub Inspector of Police, Vaniyambadi Prohibition Enforcement Wing Police Station along with police party reached Velakkal Natham in Natrampalli Police Station limits and at about 13.30 hours, they conducted prohibition raid and noticed the detenue sitting on the floor keeping one 10 litres capacity white colour plastic can in front of her, pouring some liquid substance from the said white colour plastic can into a green colour plastic tumbler and offered the same to a person standing in front of her. ON seeing the police party, the person who came to consume arrack escaped from the place dropping the plastic tumbler. Hence the detenue was arrested and a case in Crime No.857 of 2007 for the offence under Section 4(1)(1), 4(1)(aaa), 4(1-A)(ii) of the Tamil Nadu Prohibition Act read with Section 328 IPC on the file of Vaniyambadi Prohibition Enforcement Wing Police Station was registered. The detenue was produced before the Judicial Magistrate No.IV, Tirupattur on 9.10.2007 and she was ordered to be remanded till 23.10.2007 and the remand was further extended upto 6.11.2007. In the meantime, the order of detention was passed.

(3.) INSOFAR as the non-supply of the bail application, the learned counsel for the petitioner would rely upon a Division Bench judgment of this Court in Jarinabegam v. State of Tamil Nadu rep. by Secretary to Government, Prohibition and Excise Department, Chennai and another (2007-1-L.W.(Crl.) 276) and contend that the failure to supply the bail application would vitiate the order of detention. Before we consider the said contention, we would like to refer to the judgments of the Apex Court on this aspect.