Narmatha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.10.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN Narmatha .. Petitioner Vs.

1.State of Tamil Nadu rep. by The Secretary to Government Home, Prohibition & Excise Department Fort St. George, Chennai 600 009 2.The District Magistrate and District Collector Vellore District, Vellore 600 009 3.The Superintendent of Police Vellore District, Vellore 4.The Superintendent of Prison Central Prison, Vellore 5.The Inspector of Police Prohibition and Enforcement Wing-Gudiyatham Vellore District .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records pertaining to the order of 1/4

detention passed by the 2nd respondent in C3/D.O.No.47/2022 dated 24.04.2022 against the petitioner's husband Maikalraj, aged 35 years, S/o.Katturaja, now confined in the Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : Mr.T.Muruganantham For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Made by RMT.TEEKAA RAMAN, J.] The petitioner is the wife of the detenu. The detenu has been detained by the 2nd respondent, by his order dated 24.04.2022 in C3/D.O.No.47/2022, holding him to be a "Bootlegger", as contemplated under Section 2(b) 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.

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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 arrest intimation 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.39 and 40 of the booklet, it is clear that the arrest intimation 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 C3/D.O.No.47/2022 dated 24.04.2022, passed by the 2nd respondent is set aside. The detenu viz., Maikalraj, aged 35 years, S/o.Katturaja, is directed to be released forthwith, unless his detention is required in connection with any other case.

[P.N.P., J.] [T K R, J.] gya 27.10.2022 Issue order copy by 28.10.2022 3/4

P.N.PRAKASH, J.

AND RMT.TEEKAA RAMAN, J.

gya To 1.The Secretary to Government Home, Prohibition & Excise Department Fort St. George, Chennai 600 009 2.The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9 3.The District Magistrate and District Collector Vellore District Vellore 600 009 4.The Superintendent of Police Vellore District, Vellore 5.The Superintendent of Prison Central Prison, Vellore 6.The Inspector of Police Prohibition and Enforcement Wing-Gudiyatham Vellore District 7.The Public Prosecutor High Court, Madras 27.10.2022 4/4