Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 1769 (MAD)

Revathy v. State of Tamil Nadu Rep. by the District Collector & District Magistrate

2014-06-27

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment V. Dhanapalan, J. 1. The petitioner, who is the daughter of detenue, namely, Thulasi, W/o Dhayalan, has challenged the order of detention passed by the 1st respondent dated 03.11.2013 made in BDFGISSV No. 140 of 2013, branding the detenue as a Bootlegger under the Tamil Nadu Act 14 of 1982. 2. The detenue came to adverse notice in the following cases:– S. No. Police Station and Crime No. Sections of Law 1. PEW, Madurantakam, Crime No. 144 of 2012 4(1)(i), 4(1)(a), 4(1-A) of TNP Act r/w 6 & 11 of RS Rules, 2000 2. PEW, Madurantakam, Crime No. 78 of 2013 4(1)(i), 4(1)(a), 4(1-A) of TNP Act r/w 6 & 11 of RS Rules, 2000 3. PEW, Madurantakam, Crime No. 207 of 2013 4(1)(a) of TNP Act 4. PEW, Madurantakam, Crime No. 323 of 2013 4(1)(a) of TNP Act The ground case alleged against the detenu is one registered on 13.09.2013 by the Inspector of Police, PEW, Madurantakam in Crime No. 506 of 2013 for the offences under Sections 4(1)(aaa) & 4(1-A) of the Tamil Nadu Prohibition Act, 1937 r/w 7 & 13 of RS Rules, 2000. Aggrieved by the order of detention, the present petition has been filed. 3. Though learned counsel for the petitioner has raised several other grounds to assail the impugned order of detention, he mainly focussed his argument on the ground of delay in sending the samples to the concerned Court of Judicial Magistrate, Madurantakam. According to him though the seizure was made on 13.09.2013, the same was deposited under Form No. 95 only on 17.09.2013 before the said Court. However, there is no reason forthcoming as to why there is unexplained delay in sending the samples to the Court 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. 4. Heard the learned Additional Public Prosecutor appearing for the respondents also. 5. From a perusal of the booklet at Page No. 81, it is seen that though the samples were drawn from the seized material on 13.09.2013 by the investigating officer, they were sent to the Court only on 17.09.2013. Thus, there is unexplained delay in depositing the samples with the Court and no satisfactory explanation is also forthcoming from the learned Additional Public Prosecutor for the said delay. Thus, there is unexplained delay in depositing the samples with the Court and no satisfactory explanation is also forthcoming from the learned Additional Public Prosecutor for the said delay. 6. 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. 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 chemial 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." 7. In the light of the above judgment and also taking into consideration the unexplained delay in sending the samples to the Court, the order of detention is liable to be set aside. 8. Accordingly, the impugned detention order passed by the 1st respondent, detaining the detenue, namely, Thulasi, W/o Dhayalan, made in BDFGISSV No. 140 of 2013 dated 03.11.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenue, who is detained in the Special Prison for Women, Puzhal, Chennai, is ordered to be set at liberty forthwith, unless her custody is required in connection with any other case.