Beda Chhatria v. The Stara Of Tamil Nadu Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1543 of 2024 Bedadhara Chhatria .... Petitioner Vs 1 The State of Tamilnadu rep.by its Secretary, Home, Prohibition and Excise Department , Fort St.George, Chennai - 600 009.

2 The District Magistrate and District Collector, Tiruppur District, Tiruppur.

3 The Superintendent of Prisons, Central Prison, Coimbatore.

4 The Inspector of Police, Prohibition Enforcement Wing, Tiruppur ....

Respondents PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records of the 2nd respondent herein in

Cr.M.P.No.51/Drug Offender/2024 dated 29.05.2024, quash the same and direct the respondent police herein to produce the body of the detenue, Mr. Papun Chhatria, Son of Bedadhara Chhatria, aged 21 years, detained as Drug Offender and confined in Central Prison, Coimbatore, before this Hon'ble Court and set him at liberty.

For Petitioner : Mr. S.V. Karthikeyan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the District Magistrate and District Collector, Tiruppur in Cr.M.P.No.51/Drug Offender/2024 dated 29.05.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. A perusal of records reveals that the detenue was arrested on 15.03.2024, however, the impugned order of detention has been issued on 29.05.2024, after a lapse of more than two months.

3. The fact about the long delay would be sufficient to drop an inference that the detaining authority has failed to apply their mind for the purpose of issuing the impugned order under Act 14 of 1982.

4. Further more, the deneue is the native of the state of Odisha and has no knowledge in reading and writing in English and Tamil language. But all the documents furnished to the detenue are in Tamil and English. Therefore, the documents relied on for issuance of impugned detention order have not been served to the detenue in the language known to him. In other words, the Government Order furnished to the detenue is in unknown language to the detenue, which would vitiate the entire proceedings.

5. The non supply of translated version of the Government Order in the language known to the detenue, caused prejudice to the detenue for submitting effective representation, which is a valuable right provided to the detenue under the Act.

6. Hence, for the aforesaid reason, the detention order passed by the second respondent in Cr.M.P.No.51/Drug Offender/2024 dated 29.05.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Papun Chhatria, Son of Bedadhara Chhatria, aged 21 years, detained as Drug Offender and confined in Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

[S.M.S., J.] [V.S.G., J.] 12.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To

1. The Secretary, Home, Prohibition and Excise Department , Fort St.George, Chennai - 600 009.

2 The District Magistrate and District Collector, Tiruppur District, Tiruppur.

3 The Superintendent of Prisons, Central Prison, Coimbatore.

4 The Inspector of Police, Prohibition Enforcement Wing, Tiruppur.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp H.C.P.No.1543 of 2024 12.08.2024