K NELSON Vs. COMMISSIONER OF POLICE; SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT; INSPECTOR OF POLICE AND SUPERINTENDENT

JUDGEMENT

(1.) The petitioner by name K. Nelson, challenges the impugned order of detention dated 16.12.2005, detaining him 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.) At the foremost, learned Counsel for the petitioner submitted that there is delay in consideration of the representation of the detenu dated 30.12.2005. With regard to the same, learned Government Advocate (Criminal Side) furnished the details, which show that though the detenu has made two representations said to have sent on 30.12.2005 itself, one was received by the Government on 02.01.2006 and another one on 04.01.2006. Hence, we treat the representation received on 02.01.2006 as a first representation and let us see whether the said representation was considered and disposed of expeditiously. The particulars show that remarks called for on 03.01.2006; remarks received on 06.01.2006 and thereafter file was submitted on 09.01.2006 and the same was dealt with by Deputy Secretary and Under Secretary on the same day i.e., on 09.01.2006. The Minister for Prohibition and Excise passed an order on 10.01.2006 and rejection letter was prepared on 13.01.2006. Thereafter, the same was sent to the detenu on 16.01.2006 and served to the detenu on 17.01.2006. If we exclude the intervening holidays, we are of the view that the time taken at every stage is reasonable and acceptable and there is no enormous delay as claimed by the learned Counsel for the petitioner.