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1994 DIGILAW 193 (MAD)

GOVINDAN v. STATE OF TAMIL NADU

1994-02-17

MISHRA, S.M.ALI MOHAMED

body1994
Judgment : MISHRA, J. ( 1 ) THE petitioner herein has been detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, (Act 14 of 1982) in C. M. P. No. 105/b. L. A. 93 (C2) dated 29. 6. 1993 in the proceedings of the District Magistrate and District Collector, Salem. ( 2 ) THE antecedent activities of the petitioner as enumerated in the grounds disclosed that the petitioner was convicted once for selling illicit distilled arrack in March, 1992 and again in June, 1992, for distillation of illicit arrack in July, 1992 and once for possession of illicit arrack in January, 1992. We do not feel it necessary to narrate in any detail the incident leading to the petitioners arrest on 13. 6. 1993. It is, however, stated that he was found in possession of illicit arrack and seen in the act of selling the same to the strangers when he was apprehended and samples were taken out for chemical analysis. About the Chemical Analysers report, it is said as follows:the samples were sent for Chemical analysis through Court, and the report received. The sample contains Ethyl Alcohol, Acids, Esters High Alcohol and Aldehydes and it was J. D. arrack and also detected toxic principles of datura equivalent to 4. 05 m. g. (W/v) of Atropine in 100 ml. J. D. Arrack. The Inspector of Police, P. E. W. , Mettur has enquired Dr. V. P. Kandasamy, Medical Officer, Government Hospital, Mettur for his opinion on the result given in the chemical analysis report. The Medical Officer opined that Atropine is a poisonous substance and above 3. 5 mg. of Atropine mixed with 100 ml. of arrack would be fatal if consumed in excess quantity. He stated that if anyone consumed the J. D. arrack mixed with such poisonous substance, he would feel burning sensation in the throat and stomach, dimness in his vision, vomit and become unconscious. He also stated that such symptoms arose to the complainant Thiru Kaman would occur due to the consumption of such arrack and it would be endangering the human life, if taken in excess quantity. He also stated that such symptoms arose to the complainant Thiru Kaman would occur due to the consumption of such arrack and it would be endangering the human life, if taken in excess quantity. ( 3 ) THIS Court in Dharman v. State of Tamil Nadu1 and Pepisu alias Kannu v. State of Tamil Nadu that in the case of the presence of alcoholic called atropine, its quantity found in 100 ml of arrack should be such that it should give some indication of posing or causing any grave or widespread danger to public health or life and held that presence of about 10 mg. of atropine in 100 ml of arrack is not sufficient for such interference. In the case of the petitioner, the atropinets quantity is only 4. 05 mg. The case is fully covered by the ratio of the judgments of this Court in the above said decisions. We have expressed our views why the Court should follow the ratio in the said judgments in our judgments in G. Pandu v. State of Tamil Nadu and Pampukaran alias Kamalesan v. State of Tamil Nadu4. ( 4 ) FOR the reasons aforementioned, we are inclined to interfere with the petitioners detention and quash the same. This petition is ordered accordingly. The respondents are directed to release the petitioner forthwith if not wanted in connection with any other case. Petition allowed.