E MARIAMMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is the wife of the detenu, by name, Esakkimuthu alias Kannan, aged 35 years, who has been detained under Section 3( 1) of the Tamil Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (in short Tamil Nadu Act 14 of 1982), on the orders of the first respondent, by his proceedings in M.H.S. Confdl. No. 45 of 2012, dated 5.6.2012. Now, he has been lodged at the Central Prison, Palayamkottai.

(2.) AFTER the Detention Order was passed, the detenu made a representation to the Government dated nil and the same was received by the Government on 18.7.2012, upon which remarks were called for from the Detaining Authority on 19.7.2012 and the remarks were received by the Government only on 27.7.2012. In this aspect, there was a delay of eight days, out of which, two days were holidays. Even if allowance is given for those two days, which were holidays, still there was a delay of six days. Seeking to quash the said Detention Order and to set the detenu at liberty, the petitioner has come up with this Habeas Corpus Petition.

(3.) THE learned Additional Public Prosecutor has produced a proforma detailing the dates and events. In the said proforma, it has been admitted that the representation of the detenu was received on 18.7.2012, remarks were called for from the Detaining Authority on 19.7.2012 and the remarks were received by the Government only on 27.7.2012.