Ayyakkannu v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2022 Coram The Honourable Mr. Justice PARESH UPADHYAY and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA H.C.P.No.47 of 2022 Ayyakkannu .. Petitioner Vs.

1. The State of Tamil Nadu represented by its Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The District Collector and District Magistrate, Kallakurichi District, Kallakurichi.

3. The Superintendent, Central Prison, Cuddalore.

4. The Superintendent of Police, Kallakurichi, Kallakurichi District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records of the detention order dated 03.08.2021 in D.O.No.C2/18/2021 on the file of the second respondent herein and quash the same and direct the respondents herein to produce the body of the detenu viz., Ayyakannu, S/o.Rangasamy, aged about 55 years, detained in the Central Prison, Cuddalore, before this Court and set him at liberty.

For Petitioner : Mr.K.Venkatapathy For Respondents : Mr.M.Babu Muthumeeran Addl. Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) The detenu - Ayyakannu, S/o.Rangasamy, aged about 55 years, himself is the petitioner. The detenu has been detained by the

second respondent by his order in D.O.No.C2/18/2021 dated 03.08.2021, holding him to be a "Drug Offender" as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

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

3.

Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused on the ground that the bail dismissal order pertaining to ground case has not been properly translated in vernacular language. He further submitted that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on these grounds, the detention order is liable to be quashed. 4.

On consideration of the submissions made on either side and upon perusal of the documents available on record especially Page Nos.84 and 86 of the booklet, it is clear that the bail dismissal order pertaining to ground case has not been properly translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground. In the result, the Habeas Corpus Petition is allowed and the order of detention in D.O.No.C2/18/2021 dated 03.08.2021, passed by the second respondent is set aside. The detenu, viz., Ayyakannu, S/o.Rangasamy, aged about 55 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To

1. The Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2. The District Collector and District Magistrate, Kallakurichi District, Kallakurichi.

3. The Superintendent, Central Prison, Cuddalore.

4. The Superintendent of Police, Kallakurichi, Kallakurichi District.

5. The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

6. The Public Prosecutor, High Court, Madras.

+1cc to Ms.K.saranya Dharshini, Advocate, S.R.No.40196 H.C.P.No.47 of 2022 KV(CO) CT/06/07/2022