- (1.)The petitioner is the wife of the detenu, Sivanandam, son of Chinnapayan. The detenu was incarcerated by order dated 3.8.2007 of the second respondent under the provisions 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) branding him as a Bootlegger. Hence, the petitioner seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 3.8.2007 in C3/d. O. No.64/2007 against her husband, who is now confined at Central Prison, Vellore, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.
(2.)On 18.7.2007, the detenu was found selling illicit arrack to some persons at the backside of his house. The Inspector of Police, Tirupattur Town Police Station apprehended the detenu and seized the illicit arrack found therein. The samples were sent for chemical analysis and it was found that the arrack contained 6.5% mg atropine per 100 ml. A case was registered in Crime No.330/2007 under Sec.4 (1) (i), 4 (1) (aaa) and 4 (1-A)ii of the Tamil Nadu Prohibition Act r/w Sec.328 IPC.
(3.)The second respondent, taking note of the above case as a ground case and finding that there are three adverse cases in Crime Nos.353/2006, 1194/2006 and 1236/2006 on the file of Tirupattur Taluk Police Station for the offence punishable under Sec.4 (1) (aaa) of the Tamil Nadu Prohibition Act and having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a bootlegger.