BALARAMAN Vs. STATE OF TAMIL NADU, REPRESENTED BY THE COMMISSIONER AND SECRETARY PROHIBITION AND EXCISE DEPT., MADRAS AND

JUDGEMENT

(1.) THE above writ petition is filed under Art. 226 of the Constitution of India by one Balaraman, the father of the detenu Eranniammal, seeking the issuance of a writ of habeas corpus quashing the order of detention and setting the detenu at liberty.

(2.) THE impugned order of detention dated 17th February, 1986 was passed by the second respondent in exercise of the powers conferred on him by sub -S. (1) of S. 3 of Tamil Nadu Act 14 of 1982, on drawing the subjective satisfaction on the materials placed before him, with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order, and the detenu was directed to be detained and kept in custody in the Central Prison, Madras.

(3.) NO doubt, the delay has to be examined with reference to the facts and circumstances of each case. But, now coming to the present case, it is the admitted case of the second respondent that the representation of the detenu dated 18th March, 1986 was received by him on 25th March, 1986 for parawar remarks. In paragraph 5(V) of the counter, the second respondent has stated as follows: