LAWS(MAD)-2011-12-257

VADIVEL Vs. SECRETARY TO GOVERNMENT

Decided On December 19, 2011
VADIVEL Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 19.08.2011, made in Crl. M.P. No. 9/2011, and quash the same, and to produce the detenue, namely, Rajammal, wife of Thangam, aged about 40 years, confined in the Special Prison for Women, Tiruchirappalli, before this Court and to set her at liberty.

(2.) The petitioner has stated that the second respondent had passed the impugned detention order, dated 19.08.2011, under subsection (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, in G.O.(D) No. 126, Home, Prohibition and Excise (XVI) Department, dated 18.07.2011, under sub-section (2) of Section 3 of the said Act, directing the detention of Rajammal, in the Special Prison for Women, Tiruchirappalli, terming her as a 'Bootlegger'.

(3.) Even though various grounds had been raised by the petitioner, in the present Habeas Corpus petition, while challenging the detention order passed by the second respondent, the learned counsel appearing on behalf of the petitioner had submitted that the detention order passed by the second respondent, on 19.08.2011, is liable to be set aside, merely on the ground of delay in the disposal of the representation, dated 05.09.2011, made on behalf of the detenue.