S MAHESWARI Vs. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner by name Maheswari, challenges the impugned order of detention dated 20. 04. 2006, detaining her brother S. Babu, as "black Marketer" under Section 3 (1) r/w 3 (2) (a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7 of 1980 ).

(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 27. 04. 2006 was received by the Government on 02. 05. 2006 and remarks were called on 03. 05. 2006, remarks were received on 04. 05. 2006. After receipt of the remarks, the same was dealt with by the Under Secretary and the Deputy Secretary on 05. 05. 2006; order was passed by the Minister for Prohibition and Excise on 16. 05. 2006, rejection letter was prepared on 16. 05. 2006; the same was sent to the detenue on 17. 05. 2006 and the rejection letter was served on the detenue only on 18. 05. 2006. As rightly pointed out though the Under Secretary and Deputy Secretary have dealt with the file on 05. 05. 2006, there is no explanation or reason for getting an order from the concerned Minister till 16. 05. 2006. In the absence of any explanation, we hold that there is a delay between 05. 05. 2006 and 16. 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.