Dharmavir Singh v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2527 of 2025 Dharmavir Singh S/o.Indrdev Singh, Desri, PO Desri, Vaishali District Bihar-844 504.

...Petitioner/Father of

the detenu Vs

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

2. The Commissioner of Police, Detaining Authority, Tiruppur District, Tiruppur.

3. The Superintendent of Prison Central Prison Coimbatore, Coimbatore District.

4. The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

...Respondents

Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records pertaining to the order of detention passed by the 2nd respondent C.No.55/D.O/IS/TIRUPPUR CITY/2025 dated 19.09.2025 against the petitioenr's Son MR.SUMITHKUMAR, S/O.DHARMAVEER SINGH, Male aged 20 years now confined in Central Prison, Coimbatore, and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty.

For Petitioner:

Mr.T.Balaji For Respondents :

Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

(Order of the Court was made by Sunder Mohan J.) The father of the detenu - Sumithkumar, aged 20 years, S/o. Dharamveer Singh, has filed this petition challenging the detention order dated 19.09.2025, branding him as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

2. We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Crl.Side) for respondents.

3. From the submissions and perusal of the records, it is seen that the booklet containing relevant documents that has been relied upon by the detaining authority has not been furnished to the detenu in Hindi. Admittedly, the detenu is acquainted only with Hindi. In fact, the detention order and the grounds of detention were supplied to the detenu in Hindi which confirms that the detenu is acquainted only with Hindi. It is well settled that if the relied upon documents are not furnished in the language known to the detenu, his right to make effective representation would be denied. In 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413', the Hon'ble Supreme Court had held that non-supply of relevant documents in the language known to the detenu renders the detenu's detention illegal.

4.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order C.No.55/D.O/IS/TIRUPPUR CITY/2025 dated 19.09.2025 is set aside.

5. The detenu, viz., Sumithkumar, aged 20 years, S/o. Dharamveer Singh, now confined in Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case.

(A.S.M.,J.) (S.M.,J.) 05-06-2026 Index: Yes/No Speaking/Non-speaking order Issue order copy today.

dk To

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

2. The Commissioner Of Police, DETAINING AUTHORITY, Tiruppur District, Tiruppur.

3. The Superintendent of Prison, Central Prison Coimbatore, Coimbatore District.

4. The Inspector of Police, Tiruppur South Police Station, Tiruppur District.

5. The Joint Secretary, Law and Order Department, Secretariat, Chennai.

6. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

dk HCP No. 2527 of 2025 05-06-2026