Judgment :- M. Sathyanarayanan, J. 1. The friend of the detenu namely one Easwaran is the Petitioner herein. Challenge is made to the order dated 18.8.2010 passed by the 2nd Respondent, declaring the detenu as a Goonda (sic Bootlegger) and detaining him under the Tamil Nadu Act 14 of 1982. As per grounds of detention, the detenu came to adverse notice in the following cases: 2. It is the further stated in the grounds of detention that on 10.8.2010 at 5.30 hours, the Inspector of Police found he detenu was moving in a suspicious manner and he was apprehended and enquired and on search, it was found that he was in possession of Indian Made Foreign Liquor bottles manufactured in other States and hence he was arrested at 5.30 hours on that day and it was found that the contraband in possession of the detenu was found with repulsive odour. Thereafter, the detenu was brought to the Police Station at about 08.15 hours and the case in Crime No.252/2010 was registered under Sections 4(1)(a) r/w. 4(1-A) of the Tamil Nadu Prohibition Act (Ground case). The detenu was produced before the Judicial magistrate and was remanded to judicial custody till 24.8.2010. 3. The Sponsoring Authority having found about the involvement of the detenu in two previous cases and taking into consideration of the fact that the contraband contains poisonous substance has recommended the Accused for detention on the ground that, his activities are prejudicial to the maintenance of public order and public health and the 2nd Respondent has accepted the same. Opposing the order of detention against him is the subject matter of challenge in this Petition. 4. Heard the submissions of Mr. A.K.S. Thahir, learned Counsel appearing for the Petitioner and Mr. Babu Muthu Meeran, learned Additional Public Prosecutor and also perused the booklet submitted to the detenu and also other materials available on record. 5. In the ground of detention, it has been stated that the detenu was arrested on 5.30 hours on 10.8.2010 and on examination, he was found to be in possession of Other State Made Foreign Liquor and the substance were found with repulsive odour. 5. In the ground of detention, it has been stated that the detenu was arrested on 5.30 hours on 10.8.2010 and on examination, he was found to be in possession of Other State Made Foreign Liquor and the substance were found with repulsive odour. However, in page No. 49 of the Chemical Analysis Report, it has been stated that the sample taken out of the said contraband, which was the subject matter of chemical analysis was having sweet odour and no clarification has been sought by the Detaining Authority. Therefore, a doubt has been created in the mind of this Court, as to the nature of the contraband seized at the time of effecting the arrest of the detenu. 6. As per the grounds of detention, the detenu was involved in two earlier cases in Mathur Police Station Crime No.17/2009, which was later on transferred to Pudukottai Prohibition and Enforcement Wing and Villupuram Prohibition and Enforcement Wing Crime No.576/2009 and in both cases, no poisonous substances were detected in the contraband. However, in the ground case, as per the Chemical Analysis Report, the sample contains Ethyl Alcohol/Rum mixed with Atropine of 2.9 mg/100 ml. Therefore, only in the ground case in the sample seized, it was stated to have been contained Atropine and since it is a solitary instance, the Detaining Authority cannot arrive at a subjective satisfaction that the activities of the detenu are prejudicial to the maintenance of public order and public health. 7. In the considered opinion of the Court, the above said infirmities would definitely vitiate the impugned order of detention and hence, it is liable to be quashed. In the result, the Habeas Corpus Petition is allowed and the order of detention dated 18.8.2010 passed by the Second Respondent is set aside and the detenu is set at liberty forthwith, unless his detention/custody is required in connection with any other proceedings/case.