ASHOKUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner by name Ashokumar, challenges the impugned order of detention dated 20. 03. 2006, detaining his mother Lakshmi as "bootlegger" under Section 3 (1) of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1981 (Tamil Nadu Act 14 of 1982 ).

(2.) HEARD both sides.

(3.) EVEN at the foremost the learned counsel for the petitioner submitted that there was delay in considering the representation of the detenue, which vitiates the ultimate order of detention. With reference to the said claim the learned Additional Public Prosecutor has placed details, which show that the representation of the detenue dated 18. 04. 2006 was received by the Government on 19. 04. 2006 and remarks were called on 21. 04. 2006, remarks were received on 02. 05. 2006. After receipt of the remarks, the file was dealt with by the Under Secretary and the Deputy Secretary on 03. 05. 2006; order was passed by the Minister for Prohibition and Excise on 04. 05. 2006, rejection letter was prepared on 10. 05. 2006; the same was sent to the detenue on 11. 05. 2006 and the rejection letter was served on the detenue on 15. 05. 2006. As rightly pointed out though the Minister has passed an order on 04. 05. 2006, there is no explanation or reason for preparing the rejection letter till 10. 05. 2006. In the absence of any explanation, we hold that there is a delay between 04. 05. 2006 and 10. 05. 2006. On this ground, the impugned detention order is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the detenue is directed to be set at liberty forthwith from the custody unless she is required in connection with any other case.