Gangana Sri v. The Principle Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.969 of 2022 Gagana Sri Wo.Siranjeevi ... Petitioner Vs.

1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Office of the Commissioner of Police, Behind Amman Kalyana Mandapam, Athimara Thottak, Sirupooluvapatti, Tiruppur City, Tiruppur - 641 603.

3.The Superintendent of Prison, Central Prison, Coimbatore, Gandhipuram, Coimbatore.

4.The Inspector of Police, Anupparpalaiyam Police Station, Tiruppur City.

... 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 detention order in C.No.34/D.O./IS/Tiruppur City/2022 dated 06.05.2022 on the file of the second respondent and set aside the same and direct the respondents herein to produce the petitioner's husband/detenu Siranjeevi @ Appuchi @ Partha S/o.Ravikannan, aged about 25 years, now confined in Central Prison, Coimbatore, before this Court and set him at liberty. For Petitioner :

Ms.R.Subadra Devi For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by P.N.PRAKASH, J.] The petitioner is the wife of the detenu, Siranjeevi @ Appuchi @ Partha S/o.Ravikannan, aged about 25 years. The detenu has been detained by the second respondent by his order in C.No.34/D.O./IS/Tiruppur City/2022 dated 06.05.2022, 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. 2/6

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 remand order 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.42 and 43 of the booklet, it is clear that the remand order 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 C.No.34/D.O./IS/Tiruppur City/2022 dated 06.05.2022, passed by the second respondent is set aside. The detenu, viz., Siranjeevi @ Appuchi @ Partha S/o.Ravikannan, aged about 25 years, is directed to be released forthwith unless his detention is required in connection with any other case.

[PNP, J.] [NAV, J.] 20.12.2022 Index: Yes/No gm To 1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Office of the Commissioner of Police, Behind Amman Kalyana Mandapam, Athimara Thottak, Sirupooluvapatti, Tiruppur City, Tiruppur - 641 603.

3.The Superintendent of Prison, Central Prison, Coimbatore, Gandhipuram, Coimbatore.

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4.The Inspector of Police, Anupparpalaiyam Police Station, Tiruppur City.

5.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

6.The Public Prosecutor, High Court, Madras.

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P.N.PRAKASH, J.

and N.ANAND VENKATESH, J.

gm H.C.P.No.969 of 2022 20.12.2022 6/6