Jareena Begum v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR H.C.P.NO.788 OF 2020 Jareena Begum ... Petitioner/ Mother of the Detenu -vs1. The Secretary to Government Home Prohibition and Excise Department Chennai 600 009

2. The Commissioner of Police Greater Chennai Vepery, Chennai 600 007

3. The Superintendent of Prison Central Prison, Puzhal, Chennai 600 066

4. The Inspector of Police, H8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai - 19. ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the body of the detenu Khader Moideen, M/27, S/o.Mohammed Ali, who is detained in Central Prison, Puzhal, Chennai before this Court and pass an order to call for the records of the detention order passed by the second respondent dated 06.03.2020 in Memo No.163/BCDFGISSSV/2020 against the petitioner's son Khader Moideen, Male, aged 27 years, S/o.Mohammed Ali and set aside the same and set the detenu at liberty.

For Petitioner : Mr.R.Rafi Babu 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 mother of Khader Moideen, M/27, S/o.Mohammed Ali, who is the detenu. The detenu has been detained by the second respondent by his order in Memo No.163/BCDFGISSSV/2020, dated 06.03.2020 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 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 remand extension order has not been properly translated in vernacular language. This deprived the detenu 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 Nos.88 & 89 of the booklet, it is clear that the remand extension order 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 Memo No.163/BCDFGISSSV/2020, dated 06.03.2020 passed by the second respondent is set aside. The detenu, namely, Khader Moideen, M/27, S/o.Mohammed Ali, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mmi/ssm

To

1. The Secretary to Government Home Prohibition and Excise Department Chennai 600 009

2. The Commissioner of Police Greater Chennai Vepery, Chennai 600 007

3. The Superintendent of Prison Central Prison, Puzhal, Chennai 600 066

4. The Inspector of Police, H8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai - 19.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.788 of 2020 GJ(CO) CS/04/11/2020