S. SIVAKUMAR Vs. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUCHIRAPALLI AND THE SECRETARY TO GOVERNMENTPROHIBITION AND EXCISE DEPT.,CHENNAI

JUDGEMENT

(1.) The detenue is detained under Tamil Nadu Act 14 of 1982 and the Detention Order is dated 29th July, 2001.

(2.) Learned counsel appearing for the petitioner contended that while the mahazar prepared at the time of seizure (at page 28 of the paper book) mentions as against column No.6 that two samples of 500 ml. Quantity (illicit arrack) were taken, the history prepared by the Inspector of Police (at page No.39 of the Paper Book) mentions 500 ml. Quantity was taken in one bottle and hence, in the absence of the Detaining Authority getting any clarificatory affidavit from the Sponsoring Authority, the Detention Order has to be set aside.

(3.) The mahazar (at page No.28 of the Paper Book) was prepared on 22.07.2001 and it mentions as if samples of 500 ml. Quantity in two bottles were taken. The History of the case prepared by the Inspector of Police on the same day however would mention about taking sample of 500 ml. Only in one bottle.