In the High Court of Judicature at Madras
Dated: 18/04/2006
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K. SAMPATHKUMAR
HCP.No.75 of 2006
Palanisamy Gounder .. Petitioner
-Vs-
1. State of Tamil Nadu
rep. by Secretary to Government
Prohibition and Excise Department
Fort St. George
Chennai 9.
2. The District Magistrate and
District Collector
Coimbatore District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of writ of habeas corpus as stated therein.
For petitioner : Mr.P.Venkatasubramaniam
for Mr. C. Ramkumar
For respondents : Mr. Abudukumar Rajarathinam
Govt., Advocate (Crl.)
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.,)
The petitioner by name Palanisamy Gounder, who challenges the
impugned order of detention dated 28.12.2005, detaining her son P. Anbarasan
@ Anbarasu, as “Bootlegger” under Section 3 (1) of the Tamil Nadu Prevention
of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders,
Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short
“Tamil Nadu Act 14 of 1982”).
2. Heard both sides.
3. Even at the foremost the learned counsel for the petitioner
submitted that though the Detaining Authority has very much relied on the
Chemical Analysis Reports, which are available at pages 125 to 143 of the
paper book and also specifically mentioned in Ground 3(c) of the Grounds of
Detention, the translated copies were not supplied to the detenu, who knows
Tamil language only. The said aspect is not in dispute. Considering the fact
that the Detaining Authority has very much relied on the Chemical Analysis
Report, it is but, proper on the part of the Authority to supply the
translated Tamil version of those reports to the detenu in order to make
effective representation, failure to do so, vitiates the impugned detention
order and accordingly, the same is quashed; this petition is allowed. The
order of detention impugned in the petition is set aside and the detenu is
directed to be set at liberty forthwith from the custody unless he is required
in connection with any other case.
To
1. The Secretary to Government
State of Tamil Nadu
Prohibition and Excise Department
Fort St. George
Chennai 9.
2. The District Magistrate and
District Collector
Coimbatore District.
3. The Director General of Police
Chennai 600 004.
4. The Inspector General of Police
(Intelligence) Chennai 600 004.
5. The Superintendent
Central Prison
Coimbatore.
6. The Public Prosecutor
High Court, Madras.