R SEKAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner by name R. Sekar, who has been detained as "goonda" 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 (Tamil Nadu Act 14 of 1982), by the impugned detention order dated 04. 07. 2006, challenges the same in this Petition.

(2.) HEARD the learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

(3.) AT the foremost, the learned counsel for the petitioner submitted that there is delay in the disposal the representation of the detenu dated 04. 08. 2006, which vitiates the impugned detention order. As against the said contention, the learned Additional Public Prosecutor placed before us the relevant dates, which show that the representation of the detenu dated 04. 08. 2006 was received by the Government on 07. 08. 2006; the remarks were called for on 08. 08. 2006; remarks were received on 14. 08. 2006; file was placed on 14. 08. 2006 and the Under Secretary and the Deputy Secretary dealt with the same on 17. 08. 2006; the Minister for Prohibition and Excise passed orders on 18. 08. 2006; rejection letter was prepared on 21. 08. 2006; and the same was sent to the detenu on 21. 08. 2006 and served on him on 22. 08. 2006. It is also relevant to note that the intimation from the Government calling for remarks were received by the Collectorate on 09. 08. 2006; remarks were called for from the Sponsoring authority on 10. 08. 2006; remarks were received from the Sponsoring authority on 10. 08. 2006 itself and a report was sent to the Government on 11. 08. 2006 which was received by the Government on 14. 08. 2006. The above particulars show that there was no undue delay at any stage in considering the representation of the detenu; accordingly, we reject the said contention.