ESWARI Vs. STATE OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) The petitioner is the daughter of the detenu viz., Kamachi, wife of Kamaraj, aged about 50 years. The detenu has been detained by order in Cr.M.P.No.1 of 2018 dated 04.01.2018, holding her to be a "Drug offender", as contemplated under 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.