KALIMUTHU Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner, who is the detenu/Kalimuthu, branded as a 'Drug Offender' in detention order, Cr. M.P. No. 17/D.O./2014 dated 20.06.2014 by the 2nd respondent/District Collector and District Magistrate, Ramanathapuram District, has sought for a Writ of Habeas Corpus.

(2.) THE detenu has come to adverse notice of the police in three cases. The first case has been registered in Paramakudi Town Police Station Crime No. 286/2013, under sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985; second case has been registered in Paramakudi Town Police Station Crime No. 68/2014, under sections 294(b), 323, 506(ii) IPC and third case has been registered in Paramakudi Town Police Station Crime No. 131/2014, under sections 294(b), 324, 307 IPC. Ground case has been registered in Paramakudi Town Police Station Crime No. 194/14 under sections 8(c) r/w 20(b)(ii)(B) NDPS Act, 1985, in which, the detenu has been remanded. On being satisfied that the detenu is indulging in activities, which are prejudicial to the maintenance of public order and public health, the detaining authority, has clamped a detention order, on the detenu. At paragraph 4 of the grounds of detention, the detaining authority has concluded as follows: -

(3.) FROM the proforma prepared by the Under Secretary to Government Home, Prohibition and Excise (IX) Department, Chennai, it could be seen that the representation submitted on behalf of the detenu dated 27.06.2014 is received by the Government on 30.06.2014 and remarks were called for from the sponsoring authority on 01.07.2014 and remarks were received on 11.07.2014. In between 01.07.2014 and 11.07.2014, there were 7 clear working days and 2 Government Holidays. Thus, there is unexplained delay in considering the representation. At this juncture, this Court deems it fit to consider few decisions on the aspect of delay.