ILAVARASI Vs. STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) The petitioner is the wife of the detenu - Kavi alias Kaviarasan, son of Selvaraj, Male, aged about 39 years. He has been detained, as per the order of the second respondent, dated 11.08.2015, under Sec. 2(b) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug -offenders, Forest -offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum -grabbers and Video Pirates Act, 1982, (Tamil Nadu Act 14 of 1982), read with the order issued by the Government in G.O.(D). No. 147, Home Prohibition and Excise (XVI) Department, dated 18.07.2015, under Sub -Section (2) of Sec. 3 of the said Act, branding him as "Boot -legger". Challenging the same, the Petitioner has come up with this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the petitioner would mainly focus his argument on the ground that there is violation of procedural safeguards, which are guaranteed under Articles 21 and 22 of the Constitution of India. The learned counsel would submit that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay. The learned counsel has relied on few Judgments of the Hon'ble Supreme Court. Based on the same, the learned counsel would plead for setting aside the detention order.