IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.02.2008 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN AND THE HONOURABLE MR.JUSTICE R.REGUPATHI H.C.P.No.7 of 2008 Vimala ... Petitioner vs. 1. State of Tamilnadu, Rep. by Secretary to Govt., Prohibition and Excise Dept., Fort St. George, Chennai-9. 2. The District Collector & District Magistrate, Tiruvannamalai District, Tiruvannamalai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issue of Writ of Habeas Corpus as stated therein. For Petitioner : Mr.C.C.Chellappan For Respondents: Mr.N.R.Elango Additional Public Prosecutor ORDER (Order of this Court was made by P.D.DINAKARAN,J.) The order of detention dated 15.12.2007, clamped on the detenu by name Kuppan, by the second respondent in D.O.No.54/2007-C2, branding him as a Bootlegger 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), is being challenged in this writ petition by the wife of the detenu. 2. On the basis of the complaint given by one Babu to the Sub- Inspector of Police, Prohibition Enforcement Wing, Cheyyar, that he https://hcservices.ecourts.gov.in/hcservices/ purchased the illicit arrack sold by the detenu and after consuming the same, he felt giddiness and vomitted three times and fell down and that he suspected that the detenu would have mixed some poisonous substance in the arrack in order to increase the intoxication, a case was registered in Cheyyar PEW Crime No.788 of 2007 under Sections 4 (1)(i), 4(1)(aaa) r/w 4(1-A)(ii) of the Tamil Nadu Prohibition Act and the detenu was arrested and remanded to judicial custody. The sample of arrack was sent for chemical analysis and the Chemical Analyst has opined that the sample contained 6.7 mgms per 100 ml. of atropine, which is poisonous. 3. The detaining authority, taking note of the above ground case as well as five adverse cases of similar nature, three on the file of Kilkodungalore P.S. Crime Nos.32/2007, 34/2007 and 132/2007 and two on the file of Cheyyar PEW Crime No.714/2007 and 720/2007, and having arrived at the subjective satisfaction 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. 4. The only point argued by the learned counsel for the petitioner is that the detaining authority having obtained the chemical analysis report as well as the opinion of the doctor on 9.11.2007 and 10.11.2007, has passed the impugned order of detention only on 15.12.2007, i.e. after a delay of 35 days, which has rendered the detention itself illegal. 5. On the other hand, the learned Additional Public Prosecutor on the above point, sustaining the order of detention, submitted that the last document, which the detaining authority has relied upon, is the dismissal order of the bail application filed by the detenu before the learned Sessions Judge, Tiruvannamalai, dated 11.12.2007 and hence, there is no delay in passing the order of detention. 6. As rightly pointed out by the learned Additional Public Prosecutor, the last relied upon document of the detaining authority is the order dated 11.12.2007 dismissing the bail application of the detenu and hence, we find no delay in passing the detention order. As no other point is urged before us, we find no merit in this Habeas Corpus Petition and accordingly, the same is dismissed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. https://hcservices.ecourts.gov.in/hcservices/ sra To: 1. The Secretary to Government, Prohibition and Excise Department, Government of Tamilnadu, Fort St. George, Chennai-9. 2. The District Collector & District Magistrate, Tiruvannamalai District, Tiruvannamalai. 3. The Superintendent, Central Prison, Vellore. 4. The Public Prosecutor, High Court, Madras. + one cc to Mr. C.C. Chellappan, Advocate, SR.8382 NTK(CO) RP 03.03.08 H.C.P.No.7 of 2008 https://hcservices.ecourts.gov.in/hcservices/