SHANTHI Vs. STATE OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) The petitioner is the wife of the detenu - Thangavel son of Karuppanna Nadar, aged about 49 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.01/2018, dated 26.03.2018, holding him to be a "Bootlegger", as contemplated under Section 2(b) 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 petitioner would mainly focus his argument on the ground that the detenu, in this case, was arrested on 22.02.2018, whereas the detention order was passed on 26.03.2018, i.e., with an inordinate delay, which, according to the learned counsel, vitiates the order of detention. In support of his contention, learned counsel for petitioner placed reliance on the judgment of a Division Bench of this Court reported in 2005 MLJ (Crl.) 752 (Ramesh v. District Collector and District Magistrate, Tiruchirapalli District and another ). Hence, on the above grounds, the detention order is liable to be set aside.