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Judgment
Venkataswami, J.—The Petitioner who has been detained under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, has filed this petition for her release.
Learned Counsel for the Petitioner challenges the order of detention contending inter alia that the ground of detention shows that what was seized from the detenu was brown sugar; whereas the charge sheet furnished to her in C.C. No. 485/92 on the file of the Court of Second Metropolitan Magistrate, Egmore, Madras in the same crime number, namely, Cr. No. 283/91 shows that what was seized from her was Ganja. Therefore, there is non-application of mind on the part of the detaining authority.
Learned Additional Public Prosecutor, after verification of the records accepts this discrepancy and consequently the non- application of mind. On this ground, the order of detention is vitiated and accordingly, it is quashed. The petition is allowed. The Respondents are directed to release the detenue forthwith from custody unless she is liable to be detained in custody for some other cause.