BALAMANI Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This is a petition by the wife of the detenu Myniyan under Art. 226 of the Constitution of India, for the issuance of a Writ of Habeas Corpus quashing the order of detention passed against the detenu and setting him at liberty.

(2.) The Order of detention was passed by the second respondent on 6.1.1988 under Act 14 of 1982 of Tamil Nadu, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order as a bootlegger.

(3.) The summary of the averments regarding the facts is as follows: Upon report by one Palanivelu on 24.10.1987 about the consumption of arrack sold by the detenu and his feeling uneasy thereafter, the Inspector of Police along with his party went to Vennandur Nadar Street and was watching the house of the detenu Muniyan. The latter was found in front of his house with a plastic can and poured some liquid in a glass tumbler and gave it to an unknown person, who stood in front of him, and received money. The unknown person consumed the liquid. The Inspector realising that Muniyan was selling I.D. arrack, attempted to apprehend the unknown person and Muniyan. But the unknown person escaped on seeing the police party, and Muniyan was caught. It was found that the white plastic can contained three litres of I.D. arrack. I.D. arrack, tumbler used and the money realised by the sale were seized. Sample of 350 ml. of I.D. arrack were taken in two bottles for sending them for chemical analysis. The report of the analysis was to the effect that the liquid contained acids, ester, ethyl alcohol, higher alcohol and on toxicological examination aldehyde and atropin were also detected. Atropin being poisonous substance an order of detention was passed against Muniyan.