G. Sakthivel vs The District Magistrate and District Collector and The Secretary to Govt. of Tamil Nadu, Prohibition and Excise Dept.

P. Sathasivam, J.—The petitioner herein challenges the impugned order of detention, dated 16.08.2005, detaining his brother by name

Muthu @ Vedi Ravi @ Ravi as ''Goonda'' 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).

Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.

At the foremost, learned counsel for the petitioner submitted that there was inordinate delay in disposal of the representation of the detenu. The

particulars furnished by the learned Government Advocate show that the representation of the detenu was received by the Government on

16.09.2005. Subsequently, remarks were called for and the same were received on 16.09.2005 and on the same date, the File was dealt with by

the Under Secretary. The Deputy Secretary dealt with the File on 19.09.2005 and on that date itself, the Minister for Prohibition and Excise

passed orders. However, the rejection letter was prepared only on 28.09.2005. The said letter was sent to the Central Prison for service on

29.09.2005 and served to the detenu on 03.10.2005.

As rightly pointed out by the learned counsel for the petitioner, though the competent authority, viz., Minister for Prohibition and Excise, passed

orders on 19.09.2005, there is no reason for taking time till 28.09.2005 for preparation of the rejection letter. In the absence of proper

explanation, even if we exclude the intervening holidays, we are of the view that the delay is on the higher side, which caused prejudice to the

detenu in considering his representation effectively. On this ground, the impugned order of detention is quashed.

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

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