IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2007 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI H.C.P.No.1447 of 2007 Nagamani .. Petitioner Vs 1. The State of Tamil Nadu rep. by its Secretary to Government Prohibition and Excise Department Fort St. George, Chennai-600 009. 2. The District Magistrate and District Collector Coimbatore District Coimbatore. .. Respondents Petition filed under Article 226 of the Constitution of India for issue of Writ of Habeas Corpus as stated therein. For Petitioner : Mrs.R.Subadra Devi For Respondents : Mr.N.R.Elango Addl. Public Prosecutor O R D E R (Made by P.D.DINAKARAN,J.) The petitioner, wife of the detenu, Kuttiyan @ Sivalingam, son of Kaaruppusamy, who was incarcerated by order dated 18.9.2007 of the second respondent under Section 3(1) 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, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in https://hcservices.ecourts.gov.in/hcservices/ Cr.M.P.No.11/BL/2007/E4, to quash the same and to produce the detenu, who is now confined at Central Prison, Coimbatore before this Court and set him at liberty. 2. The order of detention dated 18.9.2007 came to be passed based on the ground case said to have taken place on 4.9.2007, on the basis of the complaint lodged by one S.Somasundaram. According to the complainant, on 4.9.2007, he came to know that the detenu was selling arrack on the northern side of Paatchamarathu Thottathu Pallam of Kulathupalyam. He went to that place, purchased arrack for Rs.20/- and consumed the same. After consuming, he felt irritation in his chest and blurring of vision. Suspecting that the detenu would have mixed some drug to give more booze and to prevent others from drinking the said arrack, he lodged a complaint to take necessary action. A case was registered in Crime No.286/2007 on the file of Avinashi Prohibition Enforcement Wing Unit-1 for the offence under Sections 4(1)(i), 4(1)(aaa) read with 4(1-A) of the Tamil Nadu Prohibition Act. 3. The second respondent, taking note of this case as a ground case and finding that there are five adverse cases pending against the detenu in Crime Nos.180/05, 205/06, 139/07 and 141/07 on the file of Avinashi Prohibition Enforcement Wing Police Station for the offence under Sections 4(1)(i), 4(1)(aa), 4(1)(g), 4(1)(aaa), 4(1)(a), 4(1)(aaa) read with 4(1-A) of the Tamil Nadu Prohibition Act and Crime No.161/06 on the file of Avinashi Police Station for the offence under Section 4(1)(aa) of the Tamil Nadu Prohibition Act, ordered his detention dubbing him as a Bootlegger. 4. The learned counsel for the petitioner challenges the impugned order of detention dated 18.9.2007 on the only ground of pre-determination of mind on the part of the sponsoring authority, as evident from their submission made in Crl.M.P.No.2872 of 2007 filed by the detenu seeking bail, on the file of District and Sessions Judge, Coimbatore, wherein, even prior to the passing of the detention order dated 18.9.2007, the Government Advocate appeared on behalf of the sponsoring authority, objecting to the grant of bail to the detenu, had submitted that the sponsoring authority was taking steps to detain the detenu under Act 14 of 1982 and based on the said submission, the said Crl.M.P. was dismissed. 5. In the instant case, the detaining authority had not placed any material to satisfy that the detenu would indulge in the activities which would be prejudicial to the maintenance of public order and public health, if he is released on bail. In such circumstances, we are of the https://hcservices.ecourts.gov.in/hcservices/ considered opinion that the impugned order of detention is vitiated. Accordingly, this petition is allowed. The order of detention is quashed. The detenu is directed to be set at liberty forthwith unless his presence is required in connection with any other case. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kpl To 1. The Secretary to Government Prohibition and Excise Department Fort St. George, Secretariat Chennai-600 009. 2. The District Magistrate and District Collector Coimbatore, Coimbatore District. 3. The Superintendent Central Prison, Coimbatore. 4. The Public Prosecutor High Court, Madras. 5. The Joint Secretary to Government, Public (Law and Order) Fort St.George, Chennai -9. H.C.P.No.1447 of 2007. MDR(CO) RVL 11.01.2008 https://hcservices.ecourts.gov.in/hcservices/