Ramani v. The State Of Tamil Nadu Rep.By The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.10.2025

CORAM

THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1835 of 2025 Ms.Ramani ... Petitioner

Versus

1. The State of Tamil Nadu Rep. By the Secretary Home, Prohibition and Excise Department Fort St.George, Chennai - 600 009

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

3. The Superintendent of Police Office of the Superintendent of Police Tiruvarur

4. The Superintendent of Prison Central Prison, Tiruchirappalli

5. The Inspector of Police

Peralam Police Station Tiruvarur District .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the records relating to the detention order in C.O.C.No.08/2025 dated 11.03.2025 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's husband Vimal, S/o.Rajendran aged about 32 years, the detenu, now confined in Central Prison, Tiruchirapalli before this Court and set the petitioner's huband Vimal S/o.Rajendran, aged about 32 years, the detenu herein at liberty. For Petitioner :

Mr.P.Parthikannan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the wife of the detenu Vimal, S/o.Rajendran, male, aged 32 years, has come forward with this petition challenging the detention order passed by the second respondent dated 11.03.2025 bearing reference C.O.C.No.08/2025 slapped on husband, branding him as "Bootlegger" under 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].

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focused his argument on the ground that the language known to the detenu is Tamil but the arrest intimation translated in Tamil was not served on the detenu and the same has prevented him from making an effective representation against the detention order. Hence the impugned order is liable to be set aside. 4.Per contra, learned Additional Public Prosecutor submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. 5.A perusal of the booklet would disclose that the translated version of the arrest intimation was not furnished to the detenu in a language known to him, thereby the detenu has been put to prejudice and is deprived of

making an effective representation for revocation of the detention order. The non furnishing of translated version of document relied on by the detaining authority particularly when the detenu is not conversant with the language violates his constitutional rights and can vitiate the detention order. Hence, on this ground, the impugned order of detention is vitiated and is liable to be quashed.

6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the 2nd respondent dated 11.03.2025 in C.O.C.No.08/2025 is hereby set aside. The detenu viz., Vimal, S/o.Rajendran, male, aged 32 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [N.S.K.,J.] [M.J.R.,J.] 29.10.2025 Index: Yes/No gpa

To

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

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

3. The Superintendent of Police Office of the Superintendent of Police Tiruvarur

4. The Superintendent of Prison Central Prison, Tiruchirappalli

5. The Inspector of Police Peralam Police Station Tiruvarur District

6. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 7.The Public Prosecutor High Court, Madras.

N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa H.C.P.No.1835 of 2025 29.10.2025