ESWARAN Vs. SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT GOVERNMENT OF TAMIL NADU FORT ST GEORGE CHENNAI

JUDGEMENT

(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.) 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.