Santhosh Kumari v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Santhosh Kumari ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition & Excise Department, Fort St.George, Chennai-600 009.
2.The District Collector and District Magistrate, Thiruvarur District.
3.The Superintendent of Police, Thiruvarur District.
4.The Superintendent, Central Prison, Trichy.
5.State rep. by the Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the entire records leading to the detention of petitioner's brother in law, the detenu namely Sankar @ Vachanaram, aged about 30 years, S/o.Ragunathaji, 242/4, Hospital Street, Thiruthuraipoondi Police Station, Thiruvarur District, presently detained in Central Prison, Trichy under Act 14/1982, branded as 'Drug Offender' vide the detention order dated 10.03.2025 in C.O.C.No.06/2025 Drug Offender, on the file of the 2nd respondent herein, directing to produce the person of the detenu namely Sankar @ Vachanaram, aged 30, S/o.Ragunathaji, before this Court and thereafter set him at liberty from the Central Prison Tiruchirappali by setting aside the above order. For Petitioner : Mr.B.Vasudevan For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S. RAMESH, J.) The petitioner herein, who is the sister in law of the detenu namely Sankar @ Vachanaram, aged about 30 years, S/o. Ragunathaji, has come forward with this petition challenging the detention order passed by the
second respondent dated 10.03.2025 issued against her brother in law, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Though several points have been raised in this Habeas Corpus Petition, the learned counsel for the petitioner stated that the detention order is liable to be quashed on the ground that the detenu was furnished with illegible copy of the remand report. Hence, it is submitted that the detenu was deprived of making effective representation.
4. On a perusal of the Booklet particularly in page No.32 of Volume I, it is seen that the remand report is not clear and the said document is illegible. This furnishing of illegible copy of the vital document would
deprive the detenu of making effective representation to the authorities against the order of detention.
5. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in the case of 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards embodied in Article 22[5] of the Constitution, observed that the detenu should be afforded an opportunity of making representation effectively against the Detention Order and that, the failure to supply every material in the language which can be understood by the detenu, is imperative. In the said context, the Hon'ble Supreme Court has held in Paragraphs 9 and 16 {as in SCC journal} as follows: "9.However, this Court has maintained a distinction between a document which has been relied upon by the detaining authority in the grounds of detention and a document which finds a mere reference in the grounds of detention. Whereas the non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenu need not show that any prejudice is caused to him. This is because the
non-supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order. But it would not be so where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenu's complaint of non-supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document would equally apply to furnishing a translated copy of the document in the language known to and understood by the detenu, should the document be in a different language.
.....
16.For the above reasons, in our view, the non-supply of the Tamil version of the English document, on the facts and in the circumstances, renders her continued detention illegal. We, therefore, direct that the detenue be set free forthwith unless she is required to be detained in any other case. The appeal is accordingly allowed."
6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.
7. Accordingly, the detention order passed by the second respondent on 10.03.2025 in C.O.C.No.06/2025, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Sankar @ Vachanaram, aged about 30 years, S/o.Ragunathaji, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [M.S.R, J.] [V.L.N, J.] 02.07.2025 Index: Yes/No Speaking order/Non-speaking order Sni
To 1.The Secretary to Government, Home, Prohibition & Excise Department, Fort St.George, Chennai-600 009.
2.The District Collector and District Magistrate, Thiruvarur District.
3.The Superintendent of Police, Thiruvarur District.
4.The Superintendent, Central Prison, Trichy.
5.The Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District.
6.The Public Prosecutor, High Court, Madras.
7.The Joint Secretary, Public (Law & Order), Chennai - 600 009.
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN, J.
Sni 02.07.2025