IIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.1.2008
CORAM
THE HONOURABLE MR.JUSTICE P.D.DINAKARAN
AND
THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR
H.C.P.No.1774 of 2007
Siraimeetan .. Petitioner
Vs.
1. The Secretary to Government
Prohibition and Excise Department
Fort St. George
Chennai 600 009.
2. The District Collector
and District Magistrate
Tiruvarur District
Tiruvarur. .. Respondents
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Petition filed under Article 226 of the Constitution of India for issue of Writ of Habeas Corpus as stated therein.
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For Petitioner : Mr.T.P.Senthil Kumar
For Respondents: Mr.N.R.Elango
Addl. Public Prosecutor
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O R D E R
(Made by P.D.DINAKARAN,J.)
The second respondent herein clamped an order of detention as against the son of the petitioner viz., Kumar, as the said authority arrived at the subjective satisfaction that the said detenu is a Bootlegger and he has to be detained under Section 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 petitioner has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order under Tamil Nadu Act 14 of 1982 made in C.O.C.No.19/2007, dated 22.11.2007 on the file of the second respondent herein, to quash the same and to consequently direct the respondents to produce the detenu, now confined in Central Prison, Tiruchirappalli, before this Court and to set him at liberty.
3.1. On 3.11.2007, the Inspector of Police, Prohibition Enforcement Wing, Thiruthuraipoondi along with police party conducted prohibition raid at Paamani and Desinguraiapuram villages. At that time, the detenu was found pouring some liquid into a tumbler from a plastic can and giving it to a person standing in front of him and also receiving money from that person. On seeing the police people, the person who drank it ran away. The detenu also tried to escape from that place, but he got caught by the police. One black colour lorry tube containing 105 litres of illicit arrack was recovered. The detenu was arrested and a case was registered in Crime No.366 of 2007 under Section 4(1)(aaa), 4(1)(i) r/w 4(1-A) of the Tamil Nadu Prohibition Act. The samples of arrack seized were sent for chemical analysis and the report of the Scientific Officer and Assistant Chemical Examiner, Regional Forensic Science Laboratory, Thanjavur reveals that the samples contain 8.1% mg of Atropine per 100 ml, which is a poisonous substance.
3.2. Apart from the above, the detaining authority also took note of the seven adverse cases pending against the detenu in Crime Nos.49/2006, 154/2006, 190/2006, 269/2006, 24/2007, 110/2007 and 144/2007 on the file of Tiruthuraipoondi Prohibition Enforcement Wing for the offence punishable under Sections 4(1)(aaa), 4(1)(aa) and 4(1)(a) of the Tamil Nadu Prohibition Act.
3.3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order and public health, passed the impugned order.
4. Heard both sides. We have perused the materials produced before us.
5. The only contention of the learned counsel for the petitioner is that even though in the grounds of detention, the detaining authority has stated that the detenu is facing trial in Crime Nos.154 of 2006 (2nd adverse case) and 269 of 2006 (4th adverse case) on the file of Thiruthuraipoondi Prohibition Enforcement Wing, the record shows that based on the report filed by the sponsoring authority, both the cases were dropped by the learned Judicial magistrate, Thiruthuraipoondi by order dated 5.10.2007 itself and therefore, the order of detention is vitiated.
6. We have perused the materials placed before us. It is seen that the detaining authority has stated that the detenu is facing trial in Crime Nos.154 of 2006 (2nd adverse case) and 269 of 2006 (4th adverse case) on the file of Thiruthuraipoondi Prohibition Enforcement Wing. But, whereas, the documents filed by the petitioner shows that both the cases were dropped by the learned Judicial Magistrate, Thiruthuraipoondi, on 5.10.2007 itself based on the report filed by the sponsoring authority.
7. We are, therefore, satisfied that the detaining authority had not taken note of the above fact, which shows the non application of mind on the part of the detaining authority. Accordingly, the order of detention dated 22.11.2007 is vitiated and the same is set aside. The detenu Kumar is directed to be set at liberty forthwith unless his presence is required in connection with any other case.
ATR
To
1. The Secretary
State of Tamilnadu
Prohibition and Excise Department
St. George Fort, Chennai 600 009.
2. The District Collector
and District Magistrate
Tiruvarur District
Tiruvarur.
3. The Superintendent
Central Prison
Tiruchirappalli.
4. The Public Prosecutor
High Court,
Madras.