RANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) . The order of detention dated 11.11.2007, clamped on the detenu by name Siva by the second respondent in C3/D.O.No.102/2007, 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 prohibition raid on 13.10.2007 at 17.00 hours near Pallakunnathoor Village, the Inspector of Police, Banavaram Circle, found the detenu selling illicit arrack at the back side of his house and on seeing the police party, when the detenu tried to escape, the police party encircled and arrested him. On interrogation, the detenu admitted the offence that he has been indulging in selling arrack mixed with atropine. The detenu and the seized articles were brought to Banavaram police station and a case in Crime No.286 of 2007 was registered 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 6.4 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.