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Judgment
R. Subbiah, J.—The detenu challenges the order of detention dated 18.12.2010, detaining him as ''Black Marketer ''as contemplated under
the Tamil Nadu Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.
Learned Counsel for the Petitioner submits that there was much delay in considering the representation dated 27.12.2010 sent by the detenu to
the Detaining Authority, thereby, the order of detention is vitiated.
Learned Additional Public Prosecutor furnished the particulars about the movement of File and submitted that the representation dated
27.12.2010 was received by the Government on 10.01.2011; remarks were called for on 11.01.2011 and received on 20.01.2011; File
submitted on 21.01.2011 was dealt with by the Under Secretary on 24.01.2011 and on 26.01.2011 file was dealt with by the Deputy Secretary
and the file was dealt with by the Secretary (CF & CP) on 28.01.2011 and the file was dealt with by the Secretary (Law) on 30.01.2011 and the
file was dealt with by the Minister for Food on 04.02.2011; and ultimately, the rejection letter prepared on 07.02.2011 was sent to the detenu on
07.02.2011 and served to him only on 12.02.2011.
From the particulars furnished, we find that though the remarks were called for on 11.01.2011, the remarks came to be received much belatedly
i.e., on 20.01.2011 and there is no explanation forthcoming from the concerned for such delay. Definitely such delay has prejudiced the detenu,
affecting his constitutional right; therefore, we have no other option but to set aside the impugned detention order.
In the result, the Habeas Corpus Petition is allowed and the order of detention passed by the second Respondent in Detention Order No.
14/2010 (CS), dated 18.12.2010 is set aside. The detenu is directed to be set at liberty forthwith, unless his detention is required in connection
with any other case or cause.