DINESHKUMAR Vs. STATE OF TAMIL NADU AND OTHER

JUDGEMENT

(1.) The petitioner is the detenu - Dineshkumar, aged about 24 years, S/o.Panneerselvam. The detenu has been detained by the second respondent by his order in C.O.C.No.19/2018, dated 12.03.2018, holding him to be a "Boot-Legger", as contemplated under Section of 2(b) of the 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, learned counsel appearing for the petitioner would mainly focus his arguments on the ground that the detenu, in this case, was arrested on 16.02.2018; whereas the Detention order was passed on 12.03.2018. This inordinate delay in passing of detention order would vitiate the same. 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.