GANESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the brother of the detenu by name Palani, 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 Nardu Act 14 of 1982), by the impugned detention order dated 02. 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 was received by the government on 12. 09. 2005 and remarks were called for on 13. 09. 2005 and the same were received by the Government on 26. 09. 2005. Thereafter, the file was submitted on 27. 9. 2005 and the same was dealt with by the Under Secretary and deputy Secretary on the same day i. e. on 27. 09. 2005 and finally, the Minister for Prohibition and Excise passed orders on 28. 09. 2005. The rejection letter was prepared on 05. 10. 2005 and the same was sent to the detenu on the same date and served to him on 08. 10. 2005. As rightly pointed out by the learned counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on 28. 09. 2005, there is no explanation at all for taking time for preparation of rejection letter till 0 5. 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.