J. MICHEAL ASHWIN Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner is the detenu-J.Micheal Ashwin, aged about 23 years, S/o. John Bose. Detenu has been detained by first respondent by his order in No.33/BCDFGISSSV/2018, dated 16.05.2018, holding him to be a "Goonda", as contemplated under Section of 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents. We have also perused the records produced by the Detaining Authority.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, learned counsel for petitioner would mainly focus on the ground that detenu, in this case, was arrested on 27.02.2018, whereas detention order was passed on 16.05.2018, i.e., with an inordinate delay, which, according to learned counsel, vitiates the order of detention. In support of his contention, learned counsel for petitioner placed reliance on the judgment of a Division Bench of this Court reported in 2005 MLJ (Crl.) 822 (Ramesh v. District Collector and District Magistrate, Tiruchirapalli District and another). Hence, on the above grounds, the detention order is liable to be set aside.