MAHESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner is the Detenu viz., Mahesh, S/o. Ooraniyan, aged about 31 years. The Detenu has been detained by the Second Respondent by his Order in Cr.M.P. No.52/2022, dtd. 24/12/2022 holding him to be a "Goonda", as contemplated under Sec. 2(f) of Tamil Nadu Act 14 of 1982. The said Order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned Counsel appearing 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.) Among other grounds, the Detention Order is mainly attacked on the ground that there is a delay in passing the Order of Detention. Learned Counsel appearing for the Petitioner strongly contended that though the Detenu was arrested on 12/11/2022, the Detention Order was passed only on 24/12/2022 i.e., after a considerable delay of more than 40 days. Therefore, the Detention Order has to be set aside.