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Judgment
6 paragraphs · 264 wordsSunder 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).
We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Crl.Side) for respondents.
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.
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.
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.