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2006 Supreme(Mad) 133

P.SATHASIVAM, N.PAUL VASANTHAKUMAR
Ayyanar – Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai & Another – Respondent


Advocates Appeared:For the Petitioner:R.Subadradevi, Advocate. For the Respondents:M.K.Subramanian, Govt. Advocate (Crl. Side).

Judgment :-

(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 herein concerned in C.M.P.No.11/B.L./2005(M4), set aside the order of detention passed therein dated 16.08.2005 against the detenu and direct the respondents to produce the detenu by name Rajamani S/o Periyannan before the Court and set him at liberty, detained in Central Prison, Salem.)

P.Sathasivam, J.

The petitioner is the father-in-law of the detenu by name Rajamani, 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 16.08.2005, 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

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