IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23/01/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice N. PAUL VASANTHAKUMAR
HCP. No.1068 of 2005
Tamilarasi ... Petitioner
-Vs-
1. The District Magistrate and
District collector,
Tiruchirappalli District,
Tiruchirappalli.
2.The Secretary to Government
of Tamil Nadu,
Prohibition and Excise Department,
Fort St. George, Secretariat,
Chennai-600 009. ... 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 first
respondent herein concerned in Cr.M.P.No.59/2005, set aside the order of
detention passed therein dated 24.09.2005 against the detenu and direct the
respondents to produce the detenu by name Ondimuthu S/o Chinnaiyan before the
Court and set him at liberty, detained in Central Prison, Trichi.
!For Petitioner : Mr.K.Manivasakam
^For Respondents : Mr.M.K.Subramanian
Govt. Advocate (Crl. Side)
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner is the sister of the detenu by name Ondimuthu, who was
detained as ‘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 24.09.2005,
challenges the same in this Petition.
2. Heard learned counsel for the petitioner as well as learned
Government Advocate for the respondents.
3. At the foremost, learned counsel for the petitioner submitted that
there is unexplained delay in the disposal of the representation of the
detenu, which vitiates the ultimate order of detention. With regard to the
above contention, learned Government Advocate has placed certain details,
which show that the representation of the detenu dated 01.10.2005 was received
by the Government on 07.10.2005 and remarks were called for on 10.10.2005 and
remarks were received by the Government on 19.10.2005. Thereafter, the file
was submitted on 20.10 .2005 and the same was dealt with by the Under
Secretary and Deputy Secretary on the same date i.e. on 20.10.2005 and
finally, the Minister for Prohibition and Excise passed orders on 21.10.2005.
The rejection letter was prepared on 28.10.2005 and the same was sent to the
detenu on 29.10.2005 and served to him on 03.11.2005. As rightly pointed out
by the learned counsel for the petitioner, though the Minister for Prohibition
and Excise passed an order on 21.10.2005, there is no explanation at all for
taking time for preparation of rejection letter till 28.10.2005. 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 custody unless he is required in some other case or
cause.
Index: Yes
Internet: Yes
raa
To
1.The District Magistrate and District collector, Tiruchirappalli District,
Tiruchirappalli.
2. The Secretary to Government, State of Tamil Nadu,
Prohibition and Excise Department, Fort St. George, Chennai 600 0 09.
3. The Superintendent, Central Prison, Tiruchirappalli.
(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.