K PALANI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The second respondent herein clamped an order of detention as against the petitioner/detenu, as the said authority arrived at the subjective satisfaction that the said detenu is a Bootlegger and he has to be detained under Sec.3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) Challenging the abovesaid detention, the detenu himself has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to his detention order under Tamil Nadu Act 14 of 1982 made in Ref. No.309/2007/bdfgissv/2007, dated 12.7.2007 on the file of the second respondent herein, to quash the same and to consequently direct the respondents to produce him, now confined in Central Prison, Puzhal, Chennai, before this Court and to set him at liberty.

(3.) 3.1. The order of detention dated 12.7.2007 was passed on the basis of ground case in Crime No.69 of 2007 for alleged commission of offences under Sections 4 (1) (i) (aaa), 4 (1) (b) and 4 (1) (A) of the Tamil Nadu Prohibition Act. The allegation against the detenu was that on 20.6.2007 when the Inspector of Police, Chennai City Police attached to Prohibition Enforcement Wing, Madhavaram Unit along with his police party proceeded on prohibition raids at Puzhal area, at Kavankarai, they noticed the detenu standing with a white plastic gunny bag at Thandalkazhani bus stop and on noticing the police party, he tried to escape, but was chased and surrounded by the police party. The gunny bag was searched and it was found to contain 500 numbers of 50 ml. duplicate Karnataka I. D. Arrack sachets. The contraband was seized. As per the confession of the detenu, the police party proceeded to the factory and also seized the contraband available there. The samples of arrack seized were sent for chemical analysis and the Professor, Department of Forensic Medicine, issued a certificate to the effect that rectified spirit as well as I. D. Arrack are poisonous substances and consumption of the same mixed with atropine will cause danger to the life of the general public.