R RAJI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE wife of the detenu has filed this petition challenging the order of detention dated 31.3.2004 in and by which the detaining authority has detained her husband by name Ravi alias Yasin as Goonda under the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982). THE ground case referred in the grounds of detention relates to an occurrence that took place on 24.02.2004 for which he was charged for various offences, namely, 341, 397 and 506(ii) IPC. THE petitioner has twelve adverse cases to his credit all for various offences under IPC.

(2.) HEARD the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for respondents.

(3.) REGARDING the third contention, namely, delay in considering the representation of the detenu, the particulars furnished by the learned Government Advocate show that the representation was received by the Government on 20.4.2004, remarks were called on 21.4.2004 and remarks were received from the sponsoring authority on 27.4.2004. Thereafter, the file was submitted to the Under Secretary and the Deputy Secretary on 29.4.2004 and finally, the Minister for Prohibition and Excise has passed an order on 30.4.2004 rejecting the representation of the detenu. The rejection letter was prepared on 03.5.2004 and ultimately, the same was served on the detenu on 05.5.2004. Though it is stated that there was delay in preparation of rejection letter after the order was passed by the competent authority rejecting the representation of the detenu on 30.4.2004, in view of the fact that in between 30.4.2004 and 03.5.2004, two holidays intervened, that is, on 01.5.2004 and 02.5.2004, being Saturday and Sunday, we are of the view that it cannot be claimed that there was unreasonable delay in preparation of rejection letter. Accordingly, we find no force in the third contention also.