Vijaya vs The Commissioner of Police and The Secretary to Government of Tamilnadu, Prohibition and Excise Department

P. Sathasivam, J.—Wife of the detenu challenges the detention order dated 12.09.2005, detaining her husband by name Baskar @ John

Baskar @ Kannadi Baskar as ""Goonda"" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug

Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).

Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.

At the foremost, learned counsel for the petitioner submitted that there was inordinate delay in disposal of the representation of the detenu.

The particulars furnished by the learned Government Advocate show that the representation of the detenu was received by the Government on

03.10.2005, remarks were called for on 04.10.2005 and the same were received from the Sponsoring Authority on 10.10.2005. Thereafter, the

File was dealt with by the Under Secretary and Deputy Secretary on 13.10.2005. Finally, the Minister for Prohibition and Excise passed orders

on 14.10.2005. However, the rejection letter was prepared only on 20.10.2005. The said letter was sent to the Central Prison for service on

21.10.2005 and served to the detenu on 22.10.2005.

As rightly pointed out by the learned counsel for the petitioner, though the competent authority, viz., Minister for Prohibition and Excise, passed

orders on 14.10.2005, there is no reason for taking time till 20.10.2005 for preparation of the rejection letter. In the absence of proper

explanation, even if we exclude the intervening holidays on Saturday and Sunday, we hold that the delay is on the higher side, which caused

prejudice to the detenu in considering his representation effectively. On this ground, the impugned order of detention is quashed.

Accordingly, the Habeas Corpus Petition is allowed and the impugned order of detention is set aside. The detenu is directed to be set at liberty

forthwith from the custody unless he is required in some other case or cause.