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Judgment
A. Selvam, J.—This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in C.O.C. No.58/2014, dated 19.11.2014 by the detaining authority, who has been arrayed as second respondent herein against the detenu by name Sadasivam, Son of Thanigaimalayan and quash the same and thereby set him at liberty forthwith.
The Inspector of Police, Manalmedu Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases:
(i) Crime No. 39/2014, Manalmedu Police Station registered under Section 4(1)(aaa) of T.N.P Act, 1937.
(ii) Crime No. 159/2014, Manalmedu Police Station registered under Section 4(1)(aaa) of T.N.P Act, 1937.
(iii) Crime No. 288/2014, Manalmedu Police Station registered under Section 4(1)(aaa) of T.N.P Act, 1937.
Further it is stated in the affidavit that on 07.11.2014, the Inspector of Police, Manalmedu Police State has found the detenu in possession of illicit arrack and consequently a case has been registered in Crime No. 335 of 2014 under Sections 4(1)(aaa) and 4(1)(i) read with 4(1-A) of T.N.P Act, 1937 and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.
The detaining authority viz., second respondent herein after considering the averments made in the affidavit and other connected documents has derived subjective satisfaction to the effect that the detenu is a habitual offender and thereby branded him as ''Bootlegger'' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the detenu himself as petitioner.
On the side of the respondents a counter has been filed, wherein it has been contended to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.
The learned counsel appearing for the petitioner/detenu has contended that on the side of the petitioner/detenu a representation has been submitted and the same is not disposed of without delay and therefore the detention order in question is liable to be quashed.
The learned Additional Public Prosecutor has contended that the representation submitted on the side of the petitioner/detenu is duly disposed of without delay and therefore the detention order in question does not call for any interference.
On the side of the respondents, a pro forma has been submitted wherein it has been clearly stated that in between Column Nos. 7 to 9, seven clear working days are available and in between Column Nos. 12 and 13, three clear working days are available and no explanation has been given on the side of the respondents with regard to such delay in disposing of the representation submitted on the side of the petitioner/detenu and that itself would affect his rights guaranteed under Article 22(5) of the Constitution of India and therefore the detention order in question is liable to be quashed.
In fine, this Habeas Corpus Petition is allowed and the detention order passed in C.O.C. No.58/2014, dated 19.11.2014 by the second respondent/detaining authority is quashed and consequently the respondents are directed to set the petitioner/detenu viz., Sadasivam, Son of Thanigaimalayan at liberty forthwith, unless he is required to be incarcerated in connection with any other case.