(1.) THE petitioner is the son of the detenu by name Subban. He challenges the impugned proceedings dated 04. 02. 2005, branding the detenu as 'bootlegger' as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982.
(2.) AFTER taking us through the grounds of detention and all other connected materials, learned counsel for the petitioner has raised the following contentions:-
(3.) COMING to the first contention regarding delay, the particulars furnished by the learned Government Advocate show that the representation of the detenu was received by the Government on 05. 04. 2005, remarks were called for on 06. 04. 2005 and the same were received on 12. 04. 2005. The File was dealt with by the Deputy Secretary on 13. 04. 2005 and finally, the Minister for Prohibition and Excise passed orders on 15. 04. 2005. Rejection letter was prepared on 18. 04. 2005. The said letter was sent to the detenu on 19. 04. 2005 and served to the detenu on 23. 04. 2005. Learned counsel for the petitioner mainly relied on the delay between 19. 04. 2005 and 23. 04. 2005. It is brought to our notice that the rejection order was passed by the competent authority at Chennai and after preparation of the rejection letter, the same was sent to the detenu, who was detained in the Central Prison at Coimbatore, due to which, the same was served only on 23. 04. 2005. It is also brought to our notice that 22. 04. 2005 being a Holiday, if we exclude the said date, it cannot be said that there is enormous delay as claimed by the petitioner. On going through the materials, we hold that it cannot be claimed that there was undue delay on the part of the authorities in disposal of the representation of the detenu.