Nagamani vs The State of Tamil Nadu

P. Sathasivam, J.—The petitioner, who is the wife of the detenu by name Kangan, 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 17.10.2005, challenges the

same in this Petition.

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 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 Government Advocate has placed the details, which show that

the representation of the detenu was received by the Government on 02.11.2005 and remarks were called for on 03.11.200 5. After the reminder,

the remarks were received by the Government on 07.11.2005. Thereafter, the File was submitted on 08.11.2005 and the same was dealt with by

the Under Secretary and Deputy Secretary on the same date i.e. on 08.11.2005 and finally, the Minister for Prohibition and Excise passed orders

on 09.11.2005. The rejection letter was prepared on 15.11.2005 and the same was sent to the detenu on 1 6.11.2005 and served to him on

18.11.2005. As rightly pointed out by the learned counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on

09.11.2005, there is no explanation at all for taking time for preparation of rejection letter till 15.11.2005. In the absence of any explanation by the

person concerned, 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.