Mahendran vs State of Tamil Nadu

P. Sathasivam, J.—The petitioner by name Mahendran, who is the brother-in-law of the detenu, challenges the impugned order of detention

dated 22.12.2005, detaining Jayapaul (detenu), as ""Boot-Legger"" u/s 3(1) of the Tamil Nadu Prevention of Dangero es of Bootleggers, Drug

Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short ""Tamil Nadu Act 14 of 1982"").

Heard both sides.

Even at the foremost the learned Counsel for the petitioner submitted that there was inordinate delay in considering the representation of the

detenu, which vitiates the ultimate order of detention. With reference to the said claim the learned Government Advocate has placed details, which

show that the representation of the detenue dated 03.01.2006 was received by the Government on 16.01.2006 and remarks were received on

16.01.2006. After receipt of the remarks, the same was dealt with by the Under Secretary and the Deputy Secretary on 17.01.2006; order was

passed by the Minister for Prohibition and Excise on 18.01.2006, rejection letter was prepared on 30.01.2006; the same was sent to the detenu

on the same day and the rejection letter was served on the detenu on 02.02.2006. As rightly pointed out though the concerned Minister has

passed an order on 18.01.2006, there is no explanation or reason for not forwarding the same to the detenu till 02.02.2006. In the absence of any

explanation, we hold that the delay between 18.01.2006 and 02.02.2006 is enormous. On this ground, the impugned detention order is vitiated

and the same is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the detenu is directed

to be set at liberty forthwith from the custody unless he is required in connection with any other case.