ELUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE is made to an order of the second respondent dated 28.4.2010, whereby the nephew of the petitioner herein by name Ayyappan @ Gnanavel was ordered to be detained under Act 14/82 terming him as a Bootlegger.

(2.) THE Court heard the learned Counsel for the petitioner and looked into all the materials available and in particular, the order under challenge.

(3.) ADDED further the learned Counsel that Crime No.222/2010 was registered on 6.4.2010 that the contraband found therein was actually recovered on 6.4.2010 that as could be seen from page 26 of the booklet, it was received by the Judicial Magistrate only on 7.4.2010 that a requisition to send the contraband to the Forensic Department for the purpose of analysis was given on 6.4.2010 that if really the contraband was received by the Court only on 7.4.2010, no question of sending the requisition for analysis on 6.4.2010, would arise that under the circumstances, a clarification should have been called for by the detaining authority, but failed to do so and hence the order has got to be set aside.