LAWS(MAD)-2006-3-305

APPAVU ALIAS SHANKAR Vs. COMMISSIONER OF POLICE

Decided On March 14, 2006
APPAVU ALIAS SHANKAR Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention dated 08. 09. 2005, detaining him 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 ).

(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 delay in disposal of the representation of the detenu. We verified the particulars furnished by the learned government Advocate, which show that the representation of the detenu dated 22. 11. 2005 was received by the Government on 23. 11. 2005, remarks were called for on 24. 11. 2005 and the same were received on 30. 11. 2005. Thereafter, the file was submitted on 01. 12. 2005 and on the same day, it was dealt with by the under Secretary and Deputy Secretary. Finally, the Minster for Prohibition and Excise passed orders on 02. 12. 2005. The Rejection Letter was prepared on 07. 12. 2005, sent to the Central Prison for service on 08. 12. 2005 and served to the detenu on 09. 12. 200 5. If we exclude the intervening holidays, we are of the view that there is no undue delay as claimed by the learned counsel for the petitioner. Hence, we reject the said contention.