IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26/06/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Habeas Corpus Petition No.329 of 2006
N.Ravishankar ... Petitioner
-Vs-
1.State, rep. by the
Secretary to Government
Prohibition and Excise Department,
Fort St. George, 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 of the second
respondent pertaining to the order made in C3 D.O.No.35/2006 dated 2 3.03.2006
in detaining the detenu under 2(b) of the Tamil Nadu Act 14 of 1982 as a
Bootlegger, quash the same and direct the respondents to produce the detenu,
viz., Samba @ Sambath, son of Govindasamy aged 55 years, who is detained at
the Central Prison, Vellore before this Court and set him at liberty.
!For Petitioner : Mr.O.S.Thilak Pasumbadiar
^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 friend of the detenu by name Samba @
Sambath, 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
23.03.2006, 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 2 6.03.2006 was received by the
Government on 27.03.2006 and remarks were called for on 28.03.2006 and the
remarks were received by the Government on 24.04.2006 and the File was
submitted on 25.04.2006 and the same was dealt with by the Under Secretary and
the Deputy Secretary on 26.04.2006 and finally, the Minister for Prohibition
and Excise passed orders on 27.04.2006. The rejection letter was prepared on
10.05.2006 and the same was sent to the detenu on 15.05.2006 and served to him
on 18.05.2006. As rightly pointed out by the learned counsel for the
petitioner, though the Minister for Prohibition and Excise passed an order on
27.04.2006, 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, 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.