Dasan vs The State of Tamil Nadu

P. Sathasivam, J.—The petitioner by name Dasan, who was detained as a ''''Bootlegger"" under Tamil Nadu Act 14 of 1982 by the

impugned detention order dated 27.01.2006, 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 detenu, 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 detenu dated 2 1.02.2006 was received by the Government on 22.02.2006 and remarks were called for on

23.02.2006. Thereafter, the remarks were received by the Government on 28.02.2006 and the File was submitted on 01.03.2 006 and the same

was dealt with by the Under Secretary and the Deputy Secretary on 02.03.2006 and finally, the Minister for Prohibition and Excise passed orders

on 03.03.2006. The rejection letter was prepared on 08.03.2006 and the same was sent to the detenu on 08.3.2006 and served to him on

09.03.2006. As rightly pointed out by the learned Counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on

03.03.2006, there is no explanation at all for taking time for preparation of rejection letter till 08.03.2 006. 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 for preparation of rejection letter is on

the higher side and we hold that the said delay has prejudiced the detenu in disposal of his 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 detenu is directed to be set at liberty

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