LAWS(MAD)-2022-2-122

MUTHU VAZHIVITTAN Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT

Decided On February 11, 2022
Muthu Vazhivittan Appellant
V/S
Additional Chief Secretary To Government, Home, Prohibition And Excise Department Respondents

JUDGEMENT

(1.) The petitioner is the father of the detenu, namely, Muthamilselvan, Son of Muthuvazhivittan aged about 25 years. The detenu has been detained by the second respondent by his order in S.R.No. 23/D.O/2021 dtd. 28/4/2021, holding him to be a "Drug Offender", as contemplated under Sec. 2(e) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his arguments on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representations made by the petitioner were not considered in time and there was an inordinate and unexplained delay with regard to the same.