M VENKATA RAMAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 07. 11. 2005, detaining his brother by name Chennappan 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 ).

(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, which vitiates the ultimate order of detention. In respect of the same, learned Government Advocate has produced the particulars, which show that the representation of the detenu, dated 16. 11. 2005, was received by the Government on 05. 12. 2005 and remarks were called for on 06. 12. 2005. The particulars of the Collectorate show that the intimation was received from the Government on 07. 12. 2005 and remarks were, in turn, called for from the Sponsoring Authority on the same day, however, the same were received from the Sponsoring Authority only on 15. 1 2. 2005, sent to the Government on 22. 12. 2005 and received by it on the same day. The File was dealt with by the Under Secretary on 23. 12. 2005 and by the Deputy Secretary on 26. 12. 2005. Finally, the Minister for Prohibition and Excise passed orders on 27. 12. 2005. The rejection letter was prepared on 04. 01. 2006 and sent to the Superintendent, Central Prison, for service on 05. 01. 2006 and served on the detenu on 10. 01. 2006.