P. Prabu vs The District Magistrate and District Collector and The State of Tamil Nadu

V. Dhanapalan, J.—The petitioner by name Viswanathan, 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 28.0 2.2006, 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

on the representation of the detenu, the remarks were received by the Government on 27.03.2006 and the File was submitted on 29.03.2006 and

the same was dealt with by the Under Secretary and Deputy Secretary also on the same day i.e. on 29.03.2006 and finally, the Minister for

Prohibition and Excise passed orders on 30.03.2 006. The rejection letter was prepared on 10.04.2006 and the same was sent to the detenu on

12.04.2006 and served to him on 15.04.2006. As rightly pointed out by the Learned Counsel for the petitioner, though the Minister for Prohibition

and Excise passed an order on 30.0 3.2006, there is no explanation at all for taking time for preparation of rejection letter till 10.04.2006. 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.