Prema vs The Secretary to Government of Tamil Nadu, Prohibition and Excise Department and The District Magistrate and District Collector

P.K. Misra, J.—Heard Mr.P.Venkatasubramaniam, learned counsel appearing for the petitioner and Mr.Abudukumar Rajarathinam,

learned Government Advocate appearing for the respondents.

The wife of the detenu has filed this petition for the release of the detenu who has been detained under Tamil Nadu Act 14 of 1982 under the

allegation that he is a bootlegger.

Even though several contentions have been raised, we do not feel it necessary to refer to all those contentions as in our opinion, the contention

relating to unreasonable delay in disposal of the representation merits acceptance.

Based on the materials on record, it is apparent that the representation was made on 25.05.2004 which was received by the appropriate

authority on 04.06.2004, remarks were furnished to the authority only on 21.06.2004. The parawar remarks were called on 11.06.2004. But

there is no indication as to what happened on 11.06.2004, when the particular citizen is taken away. It is accepted that all the authorities should act

expeditiously without any unreasonable delay. In the present case, the delay between 11.06.2004 to 16.06.2004, which remains unexplained as

the effect of vitiating the further detention of the detenu.

In the result, the petition is allowed and the detenu is directed to be released forthwith unless he is required in connection with any other case.