NATHIYA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who is the wife of detenu, namely, Arumugam, S/o. Manickam, has challenged the order of detention passed by the 2nd respondent dated 12.09.2013 made in BDFGISSV. No. 129/2013, branding the detenu as a "Bootlegger" under the Tamil Nadu Act 14 of 1982. The detenu came to adverse notice in the following cases:- <FRM>JUDGEMENT_322_TLMAD0_2014_1.html</FRM>

(2.) Though learned counsel for the petitioner has 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 concerned Court of Judicial Magistrate, Madhurandagam. According to him, though the seizure was made on 08.08.2013, the same was deposited under Form No. 95 only on 21.08.2013 before the said Court. However, there is no reason forthcoming as to why there is unexplained delay in sending the samples to the Court 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.