Ananthan vs The District Collector and District Magistrate and The Secretary to Government of Tamil Nadu, Prohibition and Excise Department

V. Dhanapalan, J.—The petitioner, who is the brother-in-law of the detenue by name Kamatchi, who is detained as a ''''Bootlegger"" as

contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral

Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated

02.03.2006, challenges the same in this Petition.

Heard learned Counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

At the foremost, learned Counsel for the petitioner submitted that there is enormous delay in disposal of the representation of the detenue, which

vitiates the ultimate order of detention. With reference to the above claim, learned Additional Public Prosecutor has placed the details, which show

that the representation of the detenue dated 24.03.2006 was received by the Government on 03.04.2006 and remarks were called for on

04.04.2006 and the reminder was sent on 25.04.2006 and remarks were received by the Government on 05.05.2006 and the File was submitted

on the same day i.e., on 05.05.2006 and the same was dealt with by the Under Secretary and the Deputy Secretary on 09.05.2006 and finally, the

Minister for Prohibition and Excise passed orders on 23.05.2006. The rejection letter was prepared on 24.05.2006 and the same was sent to the

detenue on the same day i.e. on 24.05.2006. As rightly pointed out by the learned Counsel for the petitioner, though the Deputy Secretary dealt

with the file on 09.05.2006, the Minister for Prohibition and Excise passed orders only on 23.05.2006 and there is no explanation at all for taking

time for passing the order till 23.05.2006. In the absence of any explanation by the person concerned even after excluding the intervening holidays,

we are of the view that the time taken by the Minister for Prohibition and Excise for passing the order is on the higher side and we hold that the

said delay has prejudiced the detenue in disposal of her representation. On this ground, we quash the impugned order of detention.

Accordingly, the Habeas Corpus Petition is allowed and the impugned order of detention is set aside. The detenue is directed to be set at liberty

forthwith from the custody unless she is required in some other case or cause.