Rajini vs The District Magistrate and District Collector and The Secretary to Government, Prohibition and Excise Dept.

V. Dhanapalan, J.—The petitioner, who is the detenu and 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 30.09.2 005, 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 Government Advocate has placed the details, which show that

the representation of the detenu dated 5.4.2006 was received by the Government on 13.4.2006 and remarks were called for on 17.4.2006.

Thereafter, the remarks were received by the Government on 5.5.2006 and the File was submitted on 22.5.2006 and the same was dealt with by

the Under Secretary and the Deputy Secretary on the same day i.e. on 22.5.2006 and finally, the Minister for Prohibition and Excise passed

orders on 23.5.2006. The rejection letter was prepared on 23.5.2006 and the same was sent to the detenu on 25.5.2 006 and served to him on

27.5.2006. As rightly pointed out by the learned Counsel for the petitioner, though the remarks were received by the Government on 5.5.2006,

the file was submitted only on 22.5.200 6, there is no explanation at all for taking time for submitting the file till 22.5.2006. 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 submitting the file 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.