IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 04.09.2006 Coram:- The HONOURABLE Mr. Justice P.SATHASIVAM and The HONOURABLE Mr. Justice S.MANIKUMAR Habeas Corpus Petition No.636 of 2006 Williams ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by the Secretary to Government, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai 9. 2.The District Magistrate and District Collector, Vellore District, Vellore. ... Respondents Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 21.05.2006 in his office Ref.No.C3.D.O.No.55/2006 against the petitioner Williams S/o George, now confined in Central Prison, Vellore, Vellore District and set aside the same and direct the respondents to produce the above said detenu before this Court and set him at liberty. For Petitioner : Mr.E.Kannadasan For Respondents : Mr.M.Babu Muthu Meeran Addl. Public Prosecutor O R D E R
(Order of the Court was made by P.SATHASIVAM,J.)
The petitioner, who is detained as a ”Bootlegger” 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), by the impugned detention order dated 21.05.2006, challenges the same in this Petition.
2. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.
3. At the foremost, learned counsel for the petitioner submitted that there is enormous delay in disposal of the representation of the detenu, which vitiates the ultimate order of detention.
4. With reference to the above claim, learned Additional Public Prosecutor has placed the details, which show that the representation of the detenu dated 27.06.2006 was received by the Government on 29.06.2006 and the remarks were called for on 30.06.2006 and the representation of the detenu was received from the Government on 04.07.2006 and the parawar remarks were called for from the Sponsoring authority on the same day i.e. on 04.07.2006 and the remarks were received from the sponsoring authority on 13.07.2006. Thereafter, the remarks were received by the Government on 17.07.2006 and the File was submitted on 18.07.2006 and the same was dealt with by the Under Secretary and the Joint Secretary on the same day i.e. 18.07.2006 and finally, the Minister for Prohibition and Excise passed orders on 20.07.2006. The rejection letter was prepared on 21.07.2006 and the same was sent to the detenu on the same day i.e. 21.07.2006 and served to him on 24.07.2006. As rightly pointed out by the learned counsel for the petitioner, though parawar remarks were called for from the sponsoring authority on 04.07.2006, the remarks were received from the sponsoring authority by the Collectorate only on 13.07.2006 and there is no explanation at all for sending the remarks to the Collectorate belatedly. In the absence of any explanation by the person concerned even after excluding the intervening holidays, we are of the view that the time taken for sending the remarks to the Collectorate is on the higher side and we hold that the said delay has prejudiced the detenu in disposal of his representation. On this ground, we quash the impugned order of detention.
4. 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 connection with some other case or cause.
gms
To
1. The Secretary to Government,
State of Tamil Nadu,
Prohibition and Excise Department,
Fort St. George,
Chennai 600 009.
2. The District Magistrate and District Collector,
Vellore District,
Vellore.
3. The Superintendent,
Central Prison,
Vellore.
(In duplicate for communication to detenu)
4. The Joint Secretary to Government,
Public (Law and Order)
Fort St. George,
Chennai 9.
5. The Public Prosecutor,
High Court,
Madras.
[PRV/7793]