Selvi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 1571 of 2019 Selvi ... Petitioner -vs1.State of Tamil Nadu Rep. by The Secretary, Home, Prohibition and Excise Department, Fort St.George,Chennai - 9.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Villupuram District.

... Respondents 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 R.C.No.C2/18149/2019, dated 10.07.2019 passed by the second respondent under Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Jayabalan, S/o. Govindan, aged about 28 years the detenu, now confined in Central Prison, Cuddalore before this Court and set the petitioner's son Jayabalan, S/o. Govindan, aged about 28 years, the detenu herein at liberty.

For Petitioner : Mr.D.Gopikrishnan For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the mother of the detenu Jayabalan, S/o. Govindan, male, aged about 28 years. The detenu has been detained by the second respondent by his order in

R.C.No.C2/18149/2019, dated 10.07.2019, holding 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. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

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 detaining authority, while detaining the detenu, has not furnished the legible copy of the document relied on by him and the remand order has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on this sole ground, 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. 15 and 19 of the booklet, it is clear that the detaining authority, by providing illegible copy of the document, has taken away the rights of detenu to effectively defend himself against his detention. Apart from that, the remand order has not been properly translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention R.C.No.C2/18149/2019, dated 10.07.2019 passed by the second respondent is set aside. The detenu, namely, Jayabalan, S/o. Govindan, male, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Secretary, Home, Prohibition and Excise Department, Fort St.George,Chennai - 9.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Villupuram District.

3.The Superintendent, Central Prison,Cuddalore.

4.The Public Prosecutor, High Court, Madras.

5.The Joint Secretary to Government, Public Law & Order, Secretariat Chennai-9.

H.C.P. No. 1571 of 2019 MG(CO) CB(29/11/2019)