V. Nithya vs The Government of Tamil Nadu

P. Sathasivam, J.—The petitioner by name Nithya, who challenges the impugned order of detention dated 24.12.2005, detaining her

husband Vaidyanathan @ Vaithi, as ""Bootlegger"" u/s 3(1) of the Tamil Nadu Prevention of Dangerous Activities 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 detenu dated 05.01.2006 was received by the Government on 09.01.2006; remarks were called on

10.01.2006, remarks were received on 18.01.2006. Even after receipt of the remarks, the same was dealt with by the Under Secretary and the

Deputy Secretary on 19.01.2006; order was passed by the Minister for Prohibition and Excise on 20.01.2006, rejection letter was prepared on

30.01.2006; the same was sent to the detenu on 31.0 1.2006 and the rejection letter was served on the detenu only on 03.0 2.2006. As rightly

pointed out though the concerned Minister has passed an order on 20.01.2006, there is no explanation or reason for not forwarding the same to

the detenu till 03.02.2006. In the absence of any explanation, we hold that the delay between 20.01.2006 and 03.02.2006 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.