GANESAN Vs. STATE REPRESENTED BY THE DISTRICT COLLECTOR, DISTRICT MAGISTRATE, SECRETARY, GOVERNMENT OF TAMIL NADU, PROHIBITION, EXCISE DEPARTMENT

JUDGEMENT

(1.) In this Habeas Corpus Petition, the Petitioner - brother of the Detenu challenges the order of detention passed by the 1st Respondent, whereby the the Detenu was detained, branding him as a "Goonda", under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (in short "Tamil Nadu Act 14/1982).

(2.) The Detenu had earlier come to adverse notice in two cases, as detailed below. -------------------------------------------------------------------------------- Sl. No. Police Station and Crime No. Provisions of Law -------------------------------------------------------------------------------- 1 Veerakeralampudur Police Station Under Section 294(b), 323 Crime No. 68/2007 and 506(i) IPC -------------------------------------------------------------------------------- 2 Alangulam Police Station Crime Under Section 341, 294(b), 353, No. 801/2008 506(ii) IPC and 3, 4 of Tamil Nadu Public Property Prevention of Damage and Loss Act. --------------------------------------------------------------------------------

(3.) Even though several contentions were raised and argued as well, the learned Counsel for the Petitioner confined his arguments only on the question of delay in consideration and disposal of the representation. Learned Counsel for the petitioner submitted that unexplained delay in consideration and disposal of the representation would vitiate the Detention Order.