Jaya, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.996 of 2016 Jaya .. Petitioner Vs 1.The State of Tamil Nadu, rep by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George,Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the records and quash the same leading to the detention of the petitioner's son Dinesh, son of Bathrinarayanan, aged 32 years, detained, vide detention order dated 13.4.2016 on the file of the second respondent made in memo No.421/BCDFGISSSV/2016, and consequently, to direct the respondents to produce the body and person of the detenu, before this court and set him at liberty, from the Central Prison, Puzhal, Chennai.

For Petitioner : Mr.M.Baskar For Respondents: Mr.V.M.R.Rajentran, APP

ORDER

[Order of the Court was made by S.BASKARAN, J.] This Habeas Corpus Petition has been filed by the mother of the detenu, namely, Dinesh, aged about 32 years, son of Bathrinarayanan, to issue a Writ of Habeas Corpus, to call for the records, in No.421/BCDFGISSSV/2016, dated 13.04.2016, passed by the second respondent, detaining the detenu, under Section 3(1) of the

Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and to set him at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing for the State and we have also perused the records, carefully.

3. The learned counsel appearing for the petitioner contends that a copy of the remand order, dated 4.3.2016, by the XIV Metropolitan Magistrate, Egmore, at Allikulam, Chennai, in Crime No.222 of 2016, on the file of G-1 Vepery Police Station, had been furnished to the detenu. The Tamil version of the remand order was not correctly translated, which shows the lack of application of mind on the part of the authority concerned. Thus, the detention order is vitiated and the same is liable to be quashed.

4. The said submissions made by the learned counsel appearing on behalf of the petitioner had not been refuted by the learned Additional Public Prosecutor appearing on behalf of the respondents.

5. It is noted from the records available that in page No.433 of the booklet furnished to the detenu, in the English version of the remand order, dated 4.3.2016, it has been stated as follows: "........S.50-A Crpc. complied and I am satisfied. ..... He has means to defend. Ground for remand exist. ....." However, in the vernacular version found in page No.435, the translated version for the above said sentence is not found. This has, apparently, caused substantial prejudice to the detenu and it has prevented him from making an effective representation and to take further steps. Thus, it shows lack of application of mind on the part of the authority concerned. In such circumstances, we are inclined to set aside the detention order.

6. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 13.4.2016, passed by the second respondent is set aside. The detenu is directed to be released,

forthwith, unless his presence is required in connection with any other case.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vvk To 1.The Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George,Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Joint Secretary to Government, Public (Law and Order) Fort St. George, Chennai-9 5.The Public Prosecutor, High Court, Madras.

CO-PPA ths : 30.12.2016 H.C.P.No.996 of 2016