LAWS(MAD)-2005-3-41

B PUNITHA Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

Decided On March 10, 2005
B PUNITHA Appellant
V/S
DISTRICT MAGISTRATE AND DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties. The order of preventive detention in respect of one N. Bose under the National security Act, 1980 has been challenged by the wife of the detenu. The order of detention is dated 27. 9. 2004. Such order of detention was passed by the collector by recording satisfaction that the detenu was smuggling petroleum products and other essential commodities to the L. T. T. E of Sri Lanka and thereby he committed an act prejudicial to the relationship of India and Sri Lanka and prejudicial to the maintenance of public order.

(2.) SEVERAL contentions have been raised challenging the order of detention. We concentrate only on two contentions as in our opinion on those contentions, the detenu is entitled to be released.

(3.) WE are of the opinion that there was unexplained delay in dealing with the representation so far as the State Government is concerned.