Megala v. State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.1120 of 2022 Megala W/o.Naresh ... Petitioner Vs.
1.State of Tamil Nadu represented by the Principal Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, (Authorised Officer), 3.The Superintendent of Police, Vellore District, Vellore.
4.The Chief Superintendent of Jail, Vellore Central Prison, Vellore, Vellore District.
5.The Inspector of Police, Pernambut Police Station, ... 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 of the second respondent in relation to impugned detention order made in C3/D.O.No.36/2022 dated 12.04.2022 and set aside the same and consequently, direct the respondents to produce the body of her husband, namely, Naresh s/o.John, aged about 35 years, presently detained in Central Prison, Vellore, Vellore District and set him at liberty. For Petitioner :
Mr.M.R.Thangavel 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, Naresh s/o.John, aged about 35 years. The detenu has been detained by the second respondent by his order in C3/D.O.No.36/2022 dated 12.04.2022, 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. 2/6
2. We have heard learned counsel for the petitioner and learned Additional Public Prosecutor 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 fully 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.69 and 70 of the booklet, it is clear that the arrest intimation pertaining to the ground case has not been 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.No.36/2022 dated 12.04.2022, passed by the second respondent is set aside. The detenu, viz., Naresh s/o.John, aged about 35 years, is directed to be released forthwith unless his detention is required in connection with any other case.
[PNP, J.] [TKR, J.] 18.10.2022 Index: Yes/No gm To 1.The Principal Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, (Authorised Officer), 3.The Superintendent of Police, Vellore District, Vellore.
4.The Chief Superintendent of Jail, Vellore Central Prison, Vellore, Vellore District.
4/6
5.The Inspector of Police, Pernambut Police Station, 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 RMT. TEEKAA RAMAN, J.
gm H.C.P.No.1120 of 2022 18.10.2022 6/6