A.Anbarasi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.NO.1932 OF 2021 A.Anbarasi .. Petitioner Vs.

1. State of Tamil Nadu represented by The Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

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

3. The Superintendent of Police, Villupuram District, Villupuram.

4. The Jail Superintendent, Central Prison, Cuddalore.

5. The Inspector of Police, Prohibition and Excise Wing, Gingee Police Station, Villupuram District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus call for the records relating to the detention order dated 23.10.2021 passed by the 2nd respondent in Rc.No.C2/28446/2021 in TPDA No.3755 and to quash the same and direct the respondents herein to produce the petitioner's husband viz., Annamalai, son of Parasuraman, aged about 29 years, residing at No.863/196, Periyar Street, Melsevalampadi, Melmalyanur Taluk, Villupuram District, who is presently undergoing detention in the Central Prison, Cuddalore, as a Bootlegger, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and

Video Pirates Act, 1982, (Tamil Nadu Act 14 of 1982) before this Court and set him at liberty.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.M.Babu Muthumeeran, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] The petitioner is the wife of the detenu Annamalai, son of Parasuraman, aged about 29 years. The detenu has been detained by the second respondent by his order in Rc.No.C2/28446/2021 dated 23.10.2021, 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. 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 the 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 has not been fully translated in vernacular language. He further submitted that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on these grounds, the detention order is liable to be quashed.

4.

The learned Additional Public Prosecutor strongly opposed the habeas corpus petition by filing his counter. 5.

On consideration of the submissions made on either side and upon perusal of the documents available on record especially Page Nos.40 and 41 of the booklet, it is clear that the arrest intimation has not been fully translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

In the result, the Habeas Corpus Petition is allowed and the order of detention in Rc.No.C2/28446/2021 dated 23.10.2021, passed by the second respondent is set aside. The detenu, viz., Annamalai, son of Parasuraman, aged about 29 years, is directed

to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd To

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

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

3. The Superintendent of Police, Villupuram District, Villupuram.

4. The Jail Superintendent, Central Prison, Cuddalore.

5. The Inspector of Police, Prohibition and Excise Wing, Gingee Police Station, Villupuram District.

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

7. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No.24961 H.C.P.No.1932 of 2021 SKM(CO) PM/22/04/2022