NAGALAKSHMI Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner, wife of the detenu, who was detained as a bootlegger under Act 14 of 1982 by the impugned proceedings dated 29. 10. 2005, challenges the same in this petition.

(2.) HEARD Mr. Manivasakam, learned counsel appearing for the petitioner and also Mr. Abudu Kumar Rajarathinam, learned Government Advocate (Crl. Side ).

(3.) AT the foremost, learned counsel for the petitioner submitted that there is delay in disposal of the representation of the detenu. The particulars furnished by the learned Government Advocate show that the representation was received by the Government on 21. 11. 2005, remarks called for on 22. 11. 2005, remarks received on 29. 11. 2005 and the file submitted for orders on 30. 11. 2005, Under Secretary and the Deputy Secretary dealt with the same on 1. 12. 2005 and finally the Minister for Prohibition and Excise, passed an order on 2. 12. 2005. Rejection letter was prepared on 7. 12. 2005, the same was sent to the detenu on 8. 12. 2005 and served to the detenu on 10. 12. 2005. Learned counsel for the petitioner submitted that though the Minister has passed an order on 2. 12. 2005, there is no reason to take time till 7. 12. 2005 for preparation of the rejection letter. If the intervening holidays, namely, 3. 12. 2005 and 4. 12. 2005, are excluded, then we are of the view that the time taken for preparation of the rejection letter comes within the permitted period of three days. Accordingly, we find that there is no undue delay as claimed by the petitioner.