M. MARIRAJAN Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner, who is the detenu/Marirajan, branded as a 'Bootlegger' in detention order, Cr. M.P. No. 9/2014 (BOOTLEGGER) dated 10.07.2014, by the 2nd respondent/District Collector and District Magistrate, Virudhunagar District, has sought for a Writ of Habeas Corpus.

(2.) THE detenu has come to adverse notice of the police in two cases. The first case has been registered in Sattur PEW Wing Crime No. 21/2014, under sections 4(1)(aaa) and 4(1 -A), 4(1 -i) of TNP Act (Transport) and second case has been registered in Sattur PEW Crime No. 27/2014, under sections 4(1)(aaa) and 4(1 -A) of TNP Act (Transport). In the first adverse case, charge sheet has been filed and the second adverse case is under investigation. Ground case has been registered in Sattur PEW Crime No. 279/2014, under section 4(1)(aaa) and 4(1 -A) of TNP Act, 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 health and public order, 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 17.07.2014 is received by the Government on 21.07.2014 and remarks were called for from the sponsoring authority on 22.07.2014 and remarks were received on 08.08.2014. In between 22.07.2014 and 08.08.2014, there were 13 clear working days and 4 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.