IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03/07/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Habeas Corpus Petition No.382 of 2006
Alamelu Petitioner
-Vs-
1.The Secretary to Government
Prohibition and Excise Department,
Government of Tamil Nadu,
Fort St. George, Chennai 9.
2.The District Magistrate and
District Collector,
Thanjavur District,
Thanjavur. Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a Writ of Habeas Corpus to call for the records relating to the
detention order No.P.D.03/2006, dated 04.03.2006, passed by the second
respondent, set aside the same and direct the respondents to produce the body
of detenu by name Sekar @ Ulakkadi Sekar, S/o Duraisami, aged about 41 years,
who is confined in Central Prison, Thiruchirapalli before this Court and set
him at liberty forthwith.
!For Petitioner : Mr.A.S.Bilal
^For Respondents: Mr.M.Babu Muthu Meeran
Addl. Public Prosecutor
:ORDER
(Order of the Court was made by P.SATHASIVAM,J.)
The petitioner, who is the wife of the detenu by name Sekar @ Ulakkadi
Sekar, 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
04.03.2006, 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. With reference to the above claim,
learned Additional Public Prosecutor has placed the details, which show that
the representation of the detenu dated 0 1.04.2006 was received by the
Government on 04.04.2006 and remarks were called for on 05.04.2006 and the
remarks were received by the Government on 27.04.2006 and the File was
submitted on 27.04.2006 and the same was dealt with by the Under Secretary and
Deputy Secretary on 28.04.2006 and finally, the Minister for Prohibition and
Excise passed orders on 02.05.2006. The rejection letter was prepared on
10.05 .2006 and the same was sent to the detenu on the same day i.e. on 10
.05.2006 and served to him on 16.05.2006. As rightly pointed out by the
learned counsel for the petitioner, though the Minister for Prohibition and
Excise passed an order on 02.05.2006, there is no explanation at all for
taking time for preparation of rejection letter till 10.05.2006. 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 preparation
of rejection letter 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 some other case or
cause.
raa
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,
Thanjavur District
Thanjavur.
3. The Superintendent,
Central Prison, Thiruchirapalli.
(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.