K MOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner by name K. Moorthy, challenges the impugned order of detention dated 10. 10. 2005, detaining his elder brother K. Siva, as "goonda" 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.) EVEN at the foremost the learned counsel for the petitioner submitted that there was inordinate delay in considering the representation of the detenu, which vitiates the ultimate order of detention. With reference to the said claim the learned Government Advocate has placed details, which show that the representation of the detenue dated 10. 10. 2005/19. 10. 2005 was received by the Government on 11. 11. 2005 and remarks were called on 14. 11. 2005, remarks were received on 05. 1 2. 2005. After receipt of the remarks, the same was dealt with by the Under Secretary and the Deputy Secretary on 06. 12. 2005; order was passed by the Minister for Prohibition and Excise on 07. 12. 2005, rejection letter was prepared on 08. 12. 2005; the same was sent to the detenu on 16. 12. 2005 and the rejection letter was served on the detenu on the same day i. e. , on 16. 12. 2005. As rightly pointed out though the concerned Minister has passed an order on 07. 12. 2005, there is no explanation or reason for not forwarding the same to the detenu till 1 6. 12. 2005. In the absence of any explanation, we hold that the delay between 07. 12. 2005 and 16. 12. 2005 is enormous. On this ground, the impugned detention order is vitiated and the same is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the detenu is directed to be set at liberty forthwith from the custody unless he is required in connection with any other case.