S. Chinthamani v. The Secretary to Government Prohibition & Excise Department Fort St. George Chennai

In the High Court of Judicature at MadrasDated:18.04.2006Coram: The Hon'ble Mr. Justice P. SATHASIVAMandThe Hon'ble Mr. Justice J.A.K. SAMPATHKUMARHabeas Corpus Petition No.88 of 2006S. Chinthamani .. Petitionervs.

The Secretary to Government Prohibition & Excise Department Fort St. George Chennai 600 009.

The Commissioner of Police Office of the Commissioner of Police Coimbatore City. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus directing the respondents to call for the records and quash the order passed by the second respondent in C.No.23/G/ZS/2005 dated 29.8.2005 and consequently direct the respondent herein to produce the body of thedetenue viz. Selvaraj @ Selvan @ Thondamuthur Selvaraj before this Court and release him from Central Prison, Coimbatore and set him at liberty. For petitioner : Mr. N. Edwin JeyakumarFor respondents : Mr. Abudukumar Rajarathinam Govt., Advocate (Crl.)ORDER(Order of the Court was made by P. SATHASIVAM,J.,)The petitioner by name S. Chinthamani, challenges the impugned order of detention dated 29.08.2005, detaining her husband Selvaraj @ Selvan @ Thondamuthur Selvaraj, as "Goonda" under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities https://hcservices.ecourts.gov.in/hcservices/ of Bootleggers, Drug Offenders, Forest Offenders, Goondas, ImmoralTraffic Offenders and Slum Grabbers Act, 1982 (in short "Tamil NaduAct 14 of 1982"). 2. Heard both sides.

Even at the foremost the learned counsel for the petitioner submitted that there was inordinate delay in considering the representation of the detenu, which vitiates the ultimate order of detention. With reference to the said claim the learnedGovernment Advocate has placed details, which show that the representation of the detenue dated Nil was received by the Government on 15.09.2005 and remarks were called on 16.09.2005,reminder was sent on 26.09.2005, remarks were received on the sameday, i.e., 26.09.2005. After receipt of the remarks, the file was submitted on 27.09.2005 and the same was dealt with by the UnderSecretary and the Deputy Secretary on the same day itself; order was passed by the Minister for Prohibition and Excise on 28.09.2005,rejection letter was prepared on 05.10.2005; the same was sent to the detenu on 06.10.2005 and the rejection letter was served on thedetenu on 08.10.2005. As rightly pointed out though the concernedMinister has passed an order on 28.09.2005, there is no explanation or reason for not forwarding the same to the detenu till08.10.2005. In the absence of any explanation, we hold that the delay between 28.09.2005 and 08.10.2005 is enormous. On this ground, the impugned detention order is vitiated and the same is quashed; accordingly, this petition is allowed. The order of detention impugned in the petition is set aside and the detenu is directed tobe set at liberty forthwith from the custody unless he is required in connection with any other case. KhSd/Asst. Registrar/true copy/Sub Asst. RegistrarTo1. The Secretary to Government Prohibition & Excise Department Government of Tamil Nadu Fort St. George Chennai 600 009. https://hcservices.ecourts.gov.in/hcservices/

2. The Commissioner of Police Office of the Commissioner of Police Coimbatore City.3. The Superintendent Central Prison, Coimbatore.

The Public Prosecutor High Court, Madras.

The Joint Secretary to Government, Public (Law and Order) Department, Fort St. George, Chennai-9.1 cc to Mr.N.Edwin Jeyakumar, Advocate, SR.1914sgl (co)dv/3.5.06 Order in H.C.P.No.88 of 2006