SUJATHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Wife of the detenu is the petitioner herein. Husband of the petitioner viz., Dhanasekaran, S/o.Singaram aged about 53 years, being branded as "Bootlegger", was detained, vide impugned order in No. BCDFGISSSV No. 936 of 2018 dtd. 10/10/2018 passed by the second respondent under Sec. 2(b) of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982). Challenging the legality of the said detention, the present Habeas Corpus Petition is filed.

(2.) A perusal of the detention order would disclose that the detenu is facing four adverse cases as under:

(3.) It is averred in the grounds of detention that the Inspector of Police, PEW, T. Nagar Unit, Chennai Police, at about 8.30 hours on 26/9/2018 was mounting a surveillance regarding prohibition offences in his jurisdiction in front of Ashok Pillar Post Office and signaled to stop a TVS XL motorcycle bearing Reg.No.TN-10-AP-3143, which was found carrying 3 carton boxes. The said vehicle was being driven in a suspicious manner and however, the rider proceeded without stopping the vehicle and it was chased and intercepted. On examination of 3 carton boxes, the Inspector of Police found 139 bottles each containing 180 ml. Premier Doctor's Brandy, which were bought at Pondicherry. The rider of the vehicle/detenue was detained and on examination, he confessed that he had mixed Atropine, a poisonous substance, to increase intoxication. The vehicle along with liquor bottles were seized and the detenu was arrested and a case in Crime No. 395 of 2018 (Ground Case) was registered for the offences under Ss. 4(1)(a), 4(1-A) of the Tamil Nadu Prohibition Act, 1937. An intimation was also given to the son of the detenu as to the detention and the detenu was produced before the XVII Metropolitan Magistrate Court, Saidapet, Chennai and in pursuant to the order of remand, he was lodged in Central Prison, Puzhal, Chennai on 10/10/2018. The second respondent/Detaining Authority, on deriving the subjective satisfaction based on the materials available, has clamped the order of detention and challenging the same, the present Habeas Corpus Petition is filed by the wife of the detenu.