A.Vasantha v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.924 of 2022 A.Vasantha W/o.Arasan ... Petitioner Vs.
1.The State of Tamil Nadu, represented by the Secretary to Government, Prohibition and Excise Department, Chennai - 600 009.
2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District.
4.The Superintendent of Prison, Central Jail, Cuddalore District - 4.
5.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore District - 2.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records relating to the order passed by the second respondent in C3/D.O/11/2022 dated 27.04.2022 and quash the same and produce the detenu Sathish @ Sathishkumar S/o.Nagappan, aged 19 years, who is detained in Central Prison, Cuddalore, before this Court and set him at liberty.
For Petitioner :
Mr.B.Gopalakrishnan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor *****
O R D E R
[Made by P.N.PRAKASH, J.] The petitioner is the grandmother of the detenu, Sathish @ Sathishkumar S/o.Nagappan, aged 19 years. The detenu has been detained by the second respondent by his order in C3/D.O/11/2022 dated 27.04.2022, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2/6
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 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 pertaining to the ground case has not been properly translated in vernacular language. 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.39 and 40 of the booklet, it is clear that the arrest intimation pertaining to the ground case has not been properly translated in vernacular language. Thus, the impugned detention order is liable to be set aside on this ground. 3/6
In the result, the Habeas Corpus Petition is allowed and the order of detention in C3/D.O/11/2022 dated 27.04.2022, passed by the second respondent is set aside. The detenu, viz., Sathish @ Sathishkumar S/o.Nagappan, aged 19 years, is directed to be released forthwith unless his detention is required in connection with any other case. [PNP, J.] [NAV, J.] 19.12.2022 Index: Yes/No gm To 1.The Secretary to Government, Prohibition and Excise Department, Chennai - 600 009.
2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District.
4.The Superintendent of Prison, Central Jail, Cuddalore District - 4.
5.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore District - 2.
4/6
6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.
7.The Public Prosecutor, High Court, Madras.
5/6
P.N.PRAKASH, J.
and N.ANAND VENKATESH, J.
gm H.C.P.No.924 of 2022 19.12.2022 6/6