IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 04.09.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice S.MANIKUMAR Habeas Corpus Petition No.634 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.59/2006 dated 13.6.2006 in detaining the detenu under Tamil Nadu Act 14 of 1982, as a Boot-legger and quash the same and direct the respondents to produce the detenu, namely, Babu S/o Jagannathan, aged 24 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 O R D E R (Order of the Court was made by P.SATHASIVAM,J.) The petitioner, who is the friend of the detenu by name Babu, 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 13.06.2006, challenges the same in this Petition. https://hcservices.ecourts.gov.in/hcservices/ 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 04.07.2006 was received by the Government on 07.07.2006 and the remarks were called for on 10.07.2006 and the representation of the detenu was received from the Government on 22.07.2006 and the parawar remarks were called for from the Sponsoring authority on 26.07.2006 and the remarks were received from the sponsoring authority on 04.08.2006. Thereafter, the remarks were received by the Government on 14.08.2006 and the File was submitted on the same day i.e.14.08.2006 and the same was dealt with by the Under Secretary, the Joint Secretary and the Minister for Prohibition and Excise on 17.08.2006. The rejection letter was prepared on 18.08.2006 and sent to the detenu on the same day i.e 18.08.2006. As rightly pointed out by the learned counsel for the petitioner, though parawar remarks were called for from the sponsoring authority on 26.07.2006, the remarks were received from the sponsoring authority by the Collectorate only on 04.08.2006 and there is no explanation at all for sending the remarks to the Collectorate belatedly. 5. 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 Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ 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. bv (co) dv/14.9.06 HCP. No.634 of 2006 https://hcservices.ecourts.gov.in/hcservices/