T. VIJAYALAKSHMI Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND ORS.

JUDGEMENT

(1.) The petitioner is the wife of the detenu. He has been detained, as per the order of the second respondent, dated 25.08.2015, under Sec. 2(b) of the Tamil Nadu Act 14 of 1982, branding him as "Bootlegger". Challenging the same, she has come up with this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the petitioner would mainly focus his argument on the ground that there is violation of procedural safeguards, which are guaranteed under Articles 21 and 22 of the Constitution of India. The learned counsel would submit that the representations made by the petitioner were not considered on time and there was an inordinate and unexplained delay. The learned counsel has relied on few Judgments of the Hon'ble Supreme Court. Based on the same, the learned counsel would plead for setting aside the detention order.