TAMILARASI Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is the sister of the detenu by name Ondimuthu, who was detained as 'bootlegger' 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 24. 09. 2005, challenges the same 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 is unexplained delay in the disposal of the representation of the detenu, which vitiates the ultimate order of detention. With regard to the above contention, learned Government Advocate has placed certain details, which show that the representation of the detenu dated 01. 10. 2005 was received by the Government on 07. 10. 2005 and remarks were called for on 10. 10. 2005 and remarks were received by the Government on 19. 10. 2005. Thereafter, the file was submitted on 20. 10. 2005 and the same was dealt with by the Under secretary and Deputy Secretary on the same date i. e. on 20. 10. 2005 and finally, the Minister for Prohibition and Excise passed orders on 21. 10. 2005. The rejection letter was prepared on 28. 10. 2005 and the same was sent to the detenu on 29. 10. 2005 and served to him on 03. 11. 2005. As rightly pointed out by the learned counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on 21. 10. 2005, there is no explanation at all for taking time for preparation of rejection letter till 28. 10. 2005. In the absence of any explanation by the person concerned even after excluding the intervening holidays, we are of the view that the time taken for preparation of rejection letter is on the higher side and we hold that the said delay has prejudiced the detenu in disposal of his representation. On this ground, we quash the impugned order of detention.