Krishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 763 of 2020 Krishnan

...Petitioner

-vs1. The State of Tamil Nadu rep. by The Secretary to Government Home Prohibition and Excise Department Fort St. George, Chennai 600 009

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

3. The Superintendent, Special Prison for Women, Vellore, Vellore District.

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

5. The Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records connected with the order of detention passed by the second respondent in D.O.No.24/2020-C2 dated 18.03.2020 on the file of the second respondent and quash the same, consequently directing the respondents to produce the detenue namely the petitioner's wife Vasantha, aged about 49 years, detained in the Special Prison for Women, Vellore before this Court and set her at liberty.

For Petitioner : Mr.P.Pugalendhi For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the husband of Vasantha, W/o.Krishnan, aged 49 years, who is the detenue. The detenue has been detained by the second respondent by his order in D.O.No.24/2020-C2 dated 18.03.2020, holding her 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 and we have also perused the records carefully.

3.Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the bail petition pertaining to the similar case has not been properly translated in vernacular language. This deprived the detenue from making effective representation. Therefore, on this sole ground, 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 No.64 of the booklet, it is clear that the bail petition pertaining to the similar case has not been properly translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in D.O.No.24/2020-C2 dated 18.03.2020, passed by the second respondent is set aside. The detenue, namely, Vasantha, W/o.Krishnan, aged 49 years, is directed to be released forthwith unless her detention is required in connection with any other case.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

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

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

3. The Joint Secretary to Government, Public(Law & Order) Fort saint George, Ch-009.

4. The Superintendent, Special Prison for Women, Vellore, Vellore District.

5. The Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

6. The Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

7. The Public Prosecutor, High Court, Madras.

H.C.P. No. 763 of 2020 PA(CO) RV(04/11/2020)