MEHARNISABANU Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to an order of the first respondent dated 30.10.2007, whereby an order of detention came to be passed under Sec.3(1)(i) of the COFEPOSA Act against the husband of the petitioner namely Ameer Ali Sarpudeen.

(2.) THE affidavit in support of the petition is perused and counter affidavit also. THE order under challenge is also perused.

(3.) THE learned Counsel would further add that the sponsoring authority prepared a mahazar on 27.9.2007 wherein it was mentioned that 2000 US $ were recovered from the pant pocket of the detenu and also found 3750 Euro currencies concealed in the body and also recovered 20600; that further the sponsoring authority had also prepared another mahazar on 28.9.2007, wherein it was found that 2000 US $ and 3750 Euro currencies were recovered in the rectum; that both these mahazars are found in the booklet; that this discrepancy remained unexplained till this time; and that once the sponsoring authority made such discrepant statement, a duty was cast upon the detaining authority to call for a clarification, but not done so.