MURUGESAN @ GUNDU MURUGESAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, who is the father of detenu, namely, Silambarasan, S/o. Murugesan @ Gundu Mumgesan, has challenged the order of detention passed by the 2nd respondent made in C.M.P. No. 24/BLA/C2/2013 dated 07.10.2013 branding the detenue as a "Bootlegger" under the Tamil Nadu Act 14 of 1982. The detenu came to adverse notice in the following cases:

(2.) Though learned counsel for the petitioner has raised several other grounds to assail the impugned order of detention, he has mainly focussed his argument on the ground of delay in sending the samples to the Lab for chemical analysis. According to him, though the seizure was made on 06.09.2013, the same was sent for chemical analysis only on 16.09.2013. However, there is no reason forthcoming as to why there is unexplained delay in sending the samples for analysis and due to the delay, the same 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.