PALANIAPPAN Vs. THE SECRETARY TO GOVERNMENT STATE OF TAMIL NADU, DEPARTMENT OF COOPERATION, FOOD AND CONSUMER PROTECTION AND ORS.

JUDGEMENT

(1.) The Petitioner, who is the father of the detenu, viz., Ramesh, S/o. Palaniappan, aged 37 years, has filed this Petition challenging the order of detention passed by the 2nd respondent in CMP No. 02/PBMMSEC Act/2015 [F3] dated 15.07.2015, branding his son as a "BLACK MARKETER" under Sec. 3(1) R/W 3[2][a] of 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, dated 25.07.2015. According to the learned counsel for the petitioner, the representation, dated 25.07.2015, has been received by the Government on 29.07.2015 and remarks have been called for from the detaining authority on 04.08.2015; but, the remarks have been received by the Government only on 17.08.2015, after a delay of thirteen days. He adds that the file was submitted to the Under Secretary after a delay of three days, i.e., on 20.08.2015 and further, the Minster has dealt with the said file of the detenu on 27.08.2015, with a further delay of six days. It is his further submission that as per the Proforma submitted by the learned Additional Public Prosecutor, there were eight intervening holidays and even after giving concession as to the intervening holidays, still there is a delay of seventeen days, which remains unexplained. The unexplained delay in considering the representation of the detenu vitiates the detention order. In support of his contention, the learned counsel for the petitioner relied on the judgment of the Hon'ble Apex Court in Rajammal v/s. State of Tamil Nadu, reported in : (1999) 1 SCC 417.

(3.) Resisting the contention of the learned counsel for the petitioner, learned Additional Public Prosecutor submitted that the Government received the representation on 29.07.2015 and that was forwarded to the Detaining Authority, calling for remarks on 04.08.2015 and remarks were received by the Government on 17.08.2015 and ultimately, the representation was considered and rejected on 27.08.2015 and the result of the consideration was communicated to the detenu on 31.08.2015. Therefore, according to the learned Additional Public Prosecutor, there is no inordinate delay in considering the representation of the detenu and therefore, he prayed for dismissal of the petition.