S. MAHALAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, mother of the detenu has filed this Petition challenging the order of detention passed by the 3rd respondent against her son, in PBMMSECA No.03/2023 dtd. 9/12/2023, branding the detenu as a "Black Marketer" contemplated under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980).

(2.) Even though the learned counsel for the petitioner raised many grounds in assailing the impugned order of detention in the petition, he confined his arguments only to the ground of delay in considering the representation of the detenu, dtd. 21/12/2023. According to the learned counsel for the petitioner, the representation dtd. 21/12/2023, was received by the Government belatedly on 26/12/2023 and thereafter the file has been dealt with by the Deputy Secretary only on 23/2/2024, i.e. nearly after 60 days, and by the Minister concerned on 27/2/2024 and the Rejection Letter was prepared and sent on the same day. It is the further submission of the learned counsel that this inordinate delay in considering the representation remains unexplained and the same vitiates the detention order. In support of his contention, the learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in Rajammal vs. State of Tamil Nadu, reported in (1999) 1 SCC 417.

(3.) Heard the learned Additional Public Prosecutor appearing for the respondents.