MALARKODI Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner is the mother-in-law of the detenu viz., Soundar @ Soundarapandian S/o. Ramaiah Thevar, aged about 40 years. The detenu has been detained by order in No.16/BCDFGISSSV/2018, dated 28.02.2018, holding him to be a "Drug Offender", as contemplated under Sec. 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for 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, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention. Further, the detenu was arrested in the ground case on 31.01.2018; whereas the Detention order was passed on 28.02.2018, i.e., after a lapse of 28 days. 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.) 75 2 (Ramesh Vs. District Collector and District Magistrate , Tiruchirapalli District and another). Hence, on the above grounds, the detention order is liable to be set aside.