Murugesan vs State of Tamil Nadu

V. Dhanapalan, J.—The petitioner, who is the brother of the detenu by name Chinnapaiyan @ Sottaiyan @ Chinnathambi, who was

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 20.02.2006, 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 was received by the Government on 8.3.2006 and remarks were called for from the Government on 9.3.2006

and the remarks were received by the Government on 14.3.2006 and the File was submitted on 15.03.2006 and the same was dealt with by the

Under Secretary and the Deputy Secretary on 15.03.2006 and finally, the Minister for Prohibition and Excise passed orders on 16.03.2006. The

rejection letter was prepared on 27 .03.2006 and the same was sent to the detenu on 28.03.2006 and served to him on 30.03.2006. As rightly

pointed out by the Learned Counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on 16.03.2006, there is no

explanation at all for taking time for preparation of rejection letter till 27.03.2006. 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 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.