RAJA Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR AND SECRETARY TO GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPT

JUDGEMENT

(1.) The petitioner herein challenges the impugned order of detention, dated 15.11.2005, detaining his son-in-law by name Podiyans @ Duraisamy 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 10.01.2006, was received by the Government on 16.01.2006 and remarks were called for on 17.01.2006. The particulars of the Collectorate show that the intimation was received from the Government on 21.01.2006 and remarks were, in turn, called for from the Sponsoring Authority on 23.01.2006, however, the same were received from the Sponsoring Authority only on 27.01.2006, sent to the Government on 03.02.2006 and received by it on 07.0 2.2006. The File was submitted on 08.02.2006 and the same was dealt with by the Under Secretary Deputy Secretary on 10.02.2006. Finally, the Minister for Prohibition and Excise passed orders on 13.02.2006 . The rejection letter was prepared on 17.02.2006 and sent to the Prison for service on 20.02.2006 and the same was served on the detenue on 22.02.2006.