LAWS(MAD)-2006-3-16

PILARI Vs. STATE OF TAMIL NADU

Decided On March 01, 2006
PILARI Appellant
V/S
DISTRICT COLLECTOR AND MAGISTRATE, TIRUVANNAMALAI DISTRICT Respondents

JUDGEMENT

(1.) THE petitioner by name Pilari, challenges the impugned detention order dated 05. 11. 2005 passed against her husband Pavul, who was detained as "bootlegger" under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short "tamil Nadu Act 14 of 1982" ).

(2.) HEARD both sides.

(3.) AT the foremost, the learned counsel for the petitioner submitted that there is delay in disposal of the representation of the detenu dated 18. 11. 2005. With regard to the same, learned Government advocate has placed details, which show that the representation of the detenu dated 18. 11. 2005 was received by the Government on 21. 11. 2005; remarks were called for on 22. 11. 2005; remarks received on 29. 11. 2005 and thereafter, file was submitted on 30. 11. 2005. The Under Secretary and the Deputy Secretary dealt with the file on 30. 11. 2005 and finally, the Minister for Prohibition and Excise passed orders on 01. 12. 20 05; rejection letter was prepared only on 07. 12. 2005; rejection letter was sent to the detenu on 09. 12. 2005 and served to the detenu on 12. 12. 2005. The learned counsel for the petitioner by drawing our attention viz. , that though the Minister has passed an order on 01. 12. 200 5, there is no explanation for taking time by the Officers for preparation of rejection letter till 07. 12. 2005 and according to him the detention order is liable to be quashed on the ground of un-explained delay.