ANDISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Habeas Corpus Petition is filed by the father of the detenu, challenging the order of detention passed by the second respondent, by his proceedings in C.M.P.No.01/2012 dated 21.01.2012, detaining the detenu as a "Drug Offender" under the Tamil Nadu Act 14 of 1982. Now, he has been lodged at Central Prison, Madurai.

(2.) EVEN though several grounds were raised in the Habeas Corpus Petition to quash the Detention Order, the learned counsel for the petitioner has mainly focussed his argument that the representation submitted by the detenu before the first respondent on 24.01.2012 was not considered with due expedition and the rejection order was served on the detenu only on 25.02.2012. In respect of the said delay, there was no explanation offered in the counter affidavit filed by the second respondent. Therefore, the order of detention is liable to be quashed.

(3.) WE have considered the above submissions made by the respective learned counsel.