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Judgment
V. Dhanapalan, J.—The petitioner by name Kumar @ LIC Kumar @ Ravikumar, challenges the impugned order of detention dated
04.03.2006, detaining him as "" Immoral Traffic Offender"" u/s 3(1) of the Tamil Nadu Prevention of Dangerous activities of Bootleggers, Drug
Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1981 (Tamil Nadu Act 14 of 1982).
Heard both sides.
Even at the foremost the learned Counsel for the petitioner submitted that there was delay in considering the representation of the detenue,
which vitiates the ultimate order of detention. With reference to the said claim the learned Additional Public Prosecutor has placed details, which
show that the representation of the detenue dated 30.03.2006 was received by the Government on 31.03.2006 and remarks were called on
03.04.2006, remarks were received on 07.04.2006. After receipt of the remarks, the file was dealt with by the Under Secretary and the Deputy
Secretary on 10.04.2006; order was passed by the Minister for Prohibition and Excise on 11.04.2006, rejection letter was prepared on
05.05.2006; the same was sent to the detenue on 05 .05 .2006 and the rejection letter was served on the detenue on 06.05.20 06. As rightly
pointed out though the Minister has passed an order on 11.04.2006, there is no explanation or reason for preparing the rejection letter till
05.05.2006. In the absence of any explanation, we hold that there is a delay between 11.04.2006 and 05.05.2006. On this ground, the impugned
detention order is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the detenue is
directed to be set at liberty forthwith from the custody unless he is required in connection with any other case.