PALANI Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT AND DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who is the brother of the detenu, by name Balu, who is detained as a ''Bootlegger" as contemplated under Section 3(1) of 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 14.07.2006, 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 for the petitioner, by drawing our attention to the reference made in respect of contraband as well as Yamaha motor cycle seized under a cover of mahazar, has contended that though form-95, which is available at page 47 of the booklet supplied to the detenu refers seizure of two 750 ml capacity of bottles with 500 ml of arrack each, there is no reference to Yamaha motor cycle with registration No. TN 09 0312. She also contended that there is no material to show that Yamaha motor cycle was brought to the Court by way of valid document. In such circumstances, according to the learned Counsel for the petitioner, the description of both contraband as well as Yamaha motor cycle in paragraph 3 of the grounds of detention would go to show the non application of mind on the part of the detaining authority.