K MUMTAJ Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT AND COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner, who is the wife of the detenu by name Khader @ Khader Mohaideen @ Khader Meeran, who is detained as a ''Bootlegger" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 29.07.2006, challenges the same in this Petition.

(2.) Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) At the foremost, learned Counsel appearing for the petitioner has brought to our notice that though the accused/detenu was arrested at 23.00 hrs. on 03.07.2006, the arrest memo contains the crime number. He also pointed out that the confession statement was recorded at 23.15 hrs to 24.00 hrs on 03.07.2006, which also refers the Cr. No. 86 of 2006, though the information relating to the alleged offence was passed on to the police only on 04.07.2006 at 02.30 hrs., and thereafter, the case was registered and the crime number was assigned. There is no dispute regarding the above factual details. In the absence of such clarification, we accept the said contention.