POONCHOLAI Vs. ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) The Petitioner, wife of the detenu has filed this Petition challenging the order of detention passed by the 3rd respondent against her husband in S.C. No.24/2023 (CS) dtd. 21/12/2023, branding the detenu as a "BLACK MARKETEER" as contemplated under the provision of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act No.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. 5/1/2024. According to the learned counsel for the petitioner, the representation dtd. 5/1/2024, was received by the Government belatedly on 10/1/2024 and thereafter the file has been dealt with by the Deputy Secretary only on 15/2/2024, i.e. nearly after 36 days, and by the Minister concerned on 20/2/2024 and the Rejection Letter was prepared and sent on 23/2/2024. 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.