(Order of the Court was made by P.MURGESEN, J.) The petitioner is the son of the detenue, who was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- offenders, Forest-offenders, Goondas, Immoral Traffic offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by order of the 1st respondent in Order No.95/BDFGISSV/2008 dated 15.12.2008 by branding her as a 'DRUG OFFENDER'.
2. There are three adverse cases and one ground case as against the detenue. The details of the adverse cases are as under:-
The ground case was registered under
Section 8(c) r/w 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of E1 K.Pudur Police Station in Crime No.1190 of 2008. In the ground case, the detenue was arrested on 23.11.2008 and remanded to judicial custody and lodged in Women Sub-Jail, Nilakottai on the same day. Thereafter, her remand period was extended upto 22.12.2008. The detention order was clamped on the detenue on 15.12.2008.
3. Learned counsel for the petitioner has submitted that the order of detention passed by the first respondent is vitiated on the ground that there was delay in considering the representation of the detenue, by the Detaining Authority.
4. In this connection, the learned Additional Public Prosecutor appearing on behalf of the respondents, has submitted a Proforma. It is stated in the Proforma that the representation was received on 22.01.2009; remarks were called for on 23.01.2009; remarks received on 02.02.2009; the file was submitted on 03.02.2009; Under Secretary dealt with on 03.02.2009; Deputy Secretary dealt with on 03.02.2009; Minister for PWD and Law dealt with the representation on 04.02.2009; rejection letter prepared on 10.02.2009; rejection letter sent to the detenue on 10.02.2009 and rejection letter served to the detenue on 11.02.2009. Though the Minister for PWD and law dealt with the representation on 04.02.2009, the rejection letter was sent to the detenue on 10.02.2009. It is stated that 07.02.2009 and 08.02.2009 were Government holidays. Even though 07.02.2009 and 08.02.2009 were Government holidays, there was a delay of four days in between 04.02.2009 and 10.02.2009. This delay was not properly explained with reason. Therefore, we are of the considered view that on this ground, the detention order is liable to be set aside.
5. Accordingly, the Habeas Corpus Petition is allowed and the order of detention in Order No.95/BDFGISSV/2008 dated 15.12.2008 passed by the first respondent is set aside. The detenue is directed to be released forthwith unless her presence is required in connection with any other case.
KM To
1.The Commissioner of Police, Madurai City.
2.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.
3.The Inspector of Police, E1 K.Pudur (L&O) Police Station, Madurai City.