P. PAULSAMY versus UNION OF INDIA & ANR.

P. PAULSAMY versus UNION OF INDIA & ANR.

The delay from 28-10-1998 to 10-11-1998 in dealing with the representation, being uncalled for and unexplained, is regarded as unreasonable and therefore fatal, rendering the detention order liable to be quashed.

Parties
Petitioner: P. Paulsamy; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
14 May 1999
Procedural Posture
Writ Petition (criminal) / Supreme Court Decision on Writ Petition Under Article 32 of the Constitution
Outcome
Petition allowed.
Legal Topics
Preventive Detention, Illicit Traffic in Narcotic Drugs, Delay in Consideration of Representation
Constitutional Law Criminal Law Preventive Detention Illicit Traffic in Narcotic Drugs Delay in Consideration of Representation

Case Brief

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Parties

P. Paulsamy

Petitioner

Union of India & Anr.

Respondents

Procedural Posture

Writ Petition (criminal) / Supreme Court Decision on Writ Petition Under Article 32 of the Constitution

Legal Issues

  1. 1 Whether unreasonable delay by the government in considering the detenu's representation is fatal to the order of detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

Ratio Decidendi

The delay from 28-10-1998 to 10-11-1998 in dealing with the representation, being uncalled for and unexplained, is regarded as unreasonable and therefore fatal, rendering the detention order liable to be quashed.

Court Disposition

Petition allowed.

Orders

  • Order of detention quashed and set aside.
  • Detenu to be released forthwith unless required for another case.