CHERIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

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

(2.) The order of detention was passed by the Commissioner of Police, Madras City, Madras on 21-4-1988, under S.3(1) of the Tamil Nadu Act 14 of 1982, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, as a bootlegger. The order of detention was subsequently approved and confirmed by the Government.

(3.) The main ground urged by the learned counsel for the petitioner detenu is that the petitioner is not bootlegger within the definition of the Act; that being a bootlegger was different from being guilty of an offence under the Tamil Nadu Prohibition Act. We shall therefore consider that contention. As per S.2(a)(i) of the Tamil Nadu Act 14 of 1982, a bootlegger is a person engaged, or making preparations for engaging, in any of his activities as a bootlegger, which affect adversely, or are likely to affect adversely, the maintenance of public order. The term 'bootlegger' is being defined under S.2(b) of the Act, among other persons to include those who sell or distribute any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Tamil Nadu Prohibition Act, 1937. In the Explanation to S.2(a), as far as bootlegger is concerned, public order shall be deemed to be affected adversely if any of his acts visualises to cause or calculates to cause a grave or widespread danger to life or public health. We have therefore to ascertain whether the detaining authority has exercised properly the operation of coming to a subjective satisfaction whether the activities of the detenu were susceptible of causing a grave or widespread danger to life or public health.