Kamala v. State of Tamil Nadu Rep. by Secretary to Government Home, Chennai
2013-06-04
C.T.SELVAM, V.DHANAPALAN
body2013
DigiLaw.ai
JUDGMENT V. Dhanapalan, J. 1. The petitioner, who is the sister of detenue, namely, Tmt. Kala, W/o. Thulukkanam, has challenged the order of detention passed by the 2nd respondent dated 28.02.2013 made in BDFGISSV.No.44/2013, branding the detenue as a "Bootlegger" under the Tamil Nadu Act 14 of 1982. 2. Though learned counsel for the petitioner raised several other grounds to assail the impugned order of detention, he mainly focused his argument on the ground of delay in sending the samples to the laboratory for chemical analysis. According to him, though the seizure was made on 11.02.2013, the same was deposited under Form No.95 before the concerned Court on 13.02.2013. Thereafter it was sent for chemical examination only on 14.02.2013. However, there is no reason forthcoming as to why there is unexplained delay in sending the samples for chemical analysis 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. 4. From a perusal of the booklet produced by the learned Additional Public Prosecutor, it is seen that though the samples were drawn from the seized material on 11.02.2013 by the investigating officer, they were sent for Chemical examination only on 14.02.2013. Thus, there is unexplained delay in sending the samples for chemical analysis and no satisfactory explanation is also forthcoming from the learned Additional Public Prosecutor for the said delay. 5. The Hon'ble Division Bench of this Court in a similar case, viz., Sundararajan vs. The State of Tamil Nadu, Rep. By its Secretary to Government & another (H.C.P.No.320 of 2009), decided on 23.03.2009, has been pleased to lay down as under: "4. Apart from the other grounds raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner has stressed the ground of delay in sending the sample, which was recovered from the detenu, to the chemical analyst for analysis. According to the learned counsel, though the sample of arrack was collected from the detenu on 15.09.2008, it was sent to the Assistant Director and Government Assistant Chemical Examiner, Regional Forensic Sciences Laboratory, for analysis only on 17.09.2008 and hence, there is an abnormal delay, which vitiates the order of detention passed against the deteny. 5.
According to the learned counsel, though the sample of arrack was collected from the detenu on 15.09.2008, it was sent to the Assistant Director and Government Assistant Chemical Examiner, Regional Forensic Sciences Laboratory, for analysis only on 17.09.2008 and hence, there is an abnormal delay, which vitiates the order of detention passed against the deteny. 5. As seen from the records, it is clear that the sample of arrack, which was seized on 15.09.2008 from the detenue, was sent for chemical analysis only on 17.09.2008 and hence, there is an abnormal delay in sending the sample for chemical analysis, due to which, the sample will lose its character and there is no satisfactory explanation from the Public Prosecutor for the said delay. 6. In view of the reason stated above, the order of Detention passed against the detenu is liable to be set aside and it is, accordingly, set aside. The Habeas Corpus Petition is allowed. The detenu, Chinnasamy, is directed to be set at liberty forthwith, unless he is required in connection with any other cases. 6. In the light of the above judgment and also taking into consideration the unexplained delay in sending the samples for chemical analysis, the order of detention is liable to be set aside. 7. Accordingly, the impugned detention order passed by the 2nd respondent, detaining the detenue, namely, Kala, W/o. Thulukkanam, made in B.D.F.G.I.S.S.V.No.44/2013 dated 28.02.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu is ordered to be set at liberty forthwith, unless her custody is required in connection with any other case.