M. JOTHI Vs. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM AND OTHERS

JUDGEMENT

(1.) The petitioner is the wife of the detenu P.Mari @ Mareeswaran @ Pangumari, aged about 32 years. The detenu has been detained by the second respondent by his order in Cr.M.P. No. 36/D.O/2016 dated 20.09.2016 in TPDA.No.5996, dated 21.09.2016, holding him to be a "DRUG OFFENDER", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in 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 produced by the Detaining Authority.

(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 gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay.