Adhilakshmi vs State of Tamil Nadu

P.D. Dinakaran, J.—The order of detention dated 15.11.2007, clamped on the detenu by name Venkatesan @ Kangu Venkatesan by the

second respondent in C3/D.O. No. 105/2007, branding him as a Bootlegger u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities of

Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act,

1982 (Tamil Nadu Act 14 of 1982), is being challenged in this writ petition by the wife of the detenu.

While conducting vehicle check regarding prohibition cases near Asiriyar hill temple at Puthoor within the limits of Thiruvalam Police Station, the

Inspector of Police Vellore Prohibition Enforcement Wing noticed the detenu indulging in selling illicit arrack and on seeing the police party, when

he attempted to escape, the police party encircled and arrested him. On interrogation, the detenu admitted the offence and he was brought to the

police station along with seized materials. A case in Vellore P.E.W. Police Station Crime No. 693 of 2007 for offences under Sections 4(1)i,

4(1)aaa, 4(1-A)(ii) of the Tamil Nadu Prohibition Act. The detenu was, later, produced before the Court for remanding him to judicial custody and

the sample of arrack, when sent for chemical analysis, was found admixed with 6.9 mgms.% w/v of atropine, which is a poisonous substance.

The detaining authority, taking note of the above ground case as well as three adverse cases of similar nature, two on the file of same police

station Crime Nos. 628/2006 and 631/2006 and one on the file of Sathuvachari Police Station Cr. No. 173/2007 and having come to the

subjective satisfaction that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are

prejudicial to the maintenance of public order and public health, ordered his detention dubbing him as a Bootlegger.

The main contention of the learned Counsel for the petitioner is that even though a representation dated 20.11.2007 was sent by the learned

Counsel on behalf of the detenu within the statutory period of twelve days, the detaining authority rejected the same only on 19.12.2007, viz., after

the lapse of the statutory period of twelve days, and such delay in exercising the power conferred on the detaining authority in the manner known

to law vitiates the detention order.

We heard the submissions of both sides and perused the materials produced before us.

Concededly, the detention order was passed on 15.11.2007 and a representation was made on behalf of the detenu on 20.11.2007 to the

detaining authority within the statutory period of twelve days. The detaining authority, however, passed an order of rejection, rejecting the

representation made on behalf of the detenu, only on 19.12.2007, viz., after the expiry of the statutory period of twelve days, and there is no

convincing explanation for the said delay in considering the representation made on behalf of the detenu. We are, therefore, of the considered

opinion that the delay in exercising the power conferred on the detaining authority in the manner known to law, vitiates the order of detention, for

want of jurisdiction.

For the aforesaid reason, we are inclined to allow this petition. The order of detention dated 15.11.2007 is quashed. The detenu is directed to be

set at liberty forthwith unless his presence is required in connection with any other case.