SHANTHI Vs. DISTRICT MAGISTRATE/DISTRICT COLLECTOR DISTRICT

JUDGEMENT

(1.) THIS petition is brought forth by the wife of the detenu challenging the order of the first respondent in C.M.P. No.5/B.L.A./C2/2010 dated 8.3.2010, whereby the detenu Uthaman was ordered to be detained as a Bootlegger under the provisions of the Act 14 of 1982.

(2.) THE Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) THE second ground raised by the learned counsel is that in the seizure mahazar as found in page No.34 of the booklet, the seizure of contraband is shown as 17.15 hours and thereafter, the case was registered by Attur Prohibition Enforcement Wing at 22.30 hours, but the seizure mahazar contains the crime No.67 of 2010. If really, the seizure was made at 17.15 hours and the case was registered at 22.30 hours at the Police station, the seizure mahazar could not contain the Crime number. Hence, it is highly doubtful. In such circumstances, a clarification should have been called for by the Detaining Authority, but not done so. On these grounds, the detention order has got to be set aside.