LAWS(MAD)-2006-1-16

LAKSHMI Vs. STATE OF TAMILNADU

Decided On January 23, 2006
LAKSHMI Appellant
V/S
COMMISSIONER OF POLICE SALEM CITY Respondents

JUDGEMENT

(1.) THE petitioner who is the wife of the detenu by name Highspeed @ arumugam challenges the impugned detention order dated 10. 03. 2005 detaining her husband 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 10. 03. 2005, in this Petition.

(2.) HEARD learned counsel for the petitioner as well as learned government Advocate for the respondents.

(3.) AT the foremost, learned counsel for the petitioner submitted that there was undue delay in disposal of the representation of the detenu, which vitiates the ultimate order passed by the detaining authority. With reference to the above statement, learned Government Advocate has produced the particulars which show that on receipt of the representation from the detenu on 28. 09. 2005, remarks were called for by the Government on 29. 09. 2005 and the same were received on 07. 10. 20 05. Thereafter, the File was dealt with by the under Secretary and Deputy Secretary on 10. 10. 2005 and finally, the Minister for Prohibition and Excise passed orders on 13. 10. 2005. However, the rejection letter was prepared on 20. 10. 2005. The said letter was sent to the superintendent of Central Prison for service on 21. 10. 2005 and served to him on 25. 10. 2005.