KAMALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who is the sister of detenue, namely, Tmt.Kala, W/o.Thulukkanam, has challenged the order of detention passed by the 2nd respondent dated 28.02.2013 made in BDFGISSV.No.44/2013, branding the detenue as a "Bootlegger" under the Tamil Nadu Act 14 of 1982.

(2.) Though learned counsel for the petitioner raised several other grounds to assail the impugned order of detention, he mainly focussed his argument on the ground of delay in sending the samples to the laboratory for chemical analysis. According to him, though the seizure was made on 11.02.2013, the same was deposited under Form No.95 before the concerned Court on 13.02.2013. Thereafter it was sent for chemical examination only on 14.02.2013. However, there is no reason forthcoming as to why there is unexplained delay in sending the samples for chemical analysis and due to the delay, the chemical will definitely lose its real character. Therefore, on this ground alone, the learned counsel for the petitioner has urged this Court to quash the order of detention.

(3.) Heard the learned Additional Public Prosecutor appearing for the respondents also.