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2000 (3) TMI 1070

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..... tioner arrived at Anna International Airport on 25.4.99 in the company of one Radhakrishnan Prabhakaran. The Petitioner was an Assistant Public Relation Officer attached to the Department of Tourism under the Government of Tamil Nadu. On suspicion, the petitioner and his co-traveller Radhakrishnan] Prabhakaran were intercepted and on search 102 mobile phones were detected from the baggage of the petitioner alone and from the baggage of his co-traveller 92 mobile phones were detected. Both of them were arrested on the next day and their statements were separately recorded. Petitioner was released on bail on 28.6.99. 3. The preventive detention order was passed against Radhakrishnan Prabhakaran. We may mention now that the said order was cha .....

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..... use of the various allegations contained therein. Second is that the detaining authority cannot be said to be totally ignorant of the fact that Radhakrishnan Prabhakaran was also detained under a separate order, for, the aforesaid detention order against Radhakrishnan Prabhakaran was passed by the same detaining authority just six days prior to the impugned detention order. So we do not see much force in the said ground raised now. 7. While dealing with the second ground we initially thought that the petitioner has really a case to put forward because at the first blush it may appear that there was delay on the part of the Central Government in disposing of the representation made by the detenu. We may point out that representation to the .....

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..... id representation before the COFEPOSA Unit on 9.9.99 can be treated as unreasonably delayed. 9. Learned senior counsel pointed out the practicalities involved in sifting and sorting various mails which would have heaped up in the Department by 6.9.99 on account of the preceeding Government holidays for a continuous three days period. He submitted that it is not enough that somebody in the Department would see the outer cover of the representation. Every mail should have been opened, read and found out as to which Department it should be placed and only after such sorting process is made the representation could be sent to the appropriate section. We are inclined to accept the said explanation for the intervening period between 6th and 9th .....

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