E. Manoharan vs The Secretary to Government, Prohibition and Excise Department, Government of Tamil Nadu and The District Collector and District Magistrate

P. Sathasivam, J.—The petitioner, the uncle of the detenue, by name, Tmt.Indhira, who was detained as a ""Bootlegger"" under the Tamil

Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum

Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) by the impugned order, dated 12.11.2005, challenges the same in this

petition.

Heard the learned Counsel for the petitioner as well as the learned Government Advocate for the respondents.

At the foremost, the learned Counsel for the petitioner by drawing our attention to the fact that the detaining authority, though relied on the bail

application in Crl.M.P. No. 13924 of 2005, which was dismissed by the learned Principal District and Sessions Judge, Chengalpattu on

07.11.2005, the translated copies of the same were not supplied to the detenu, which vitiates the order of detention. It is the case of the petitioner

that she knows only Tamil.

In such circumstances, as rightly pointed out by the learned Counsel for the petitioner, the detaining authority having relied upon the bail

application and the order of dismissal while considering the imminent possibility of the detenue coming out on bail, it is but proper to supply the

translated copies to the detenue and failure to do the same, vitiates the detention order. On this ground, the impugned order of detention is liable to

be quashed and accordingly it is quashed.

The Habeas Corpus Petition is allowed and the detenue is directed to be set at liberty forthwith from custody, unless she is required in

connection with any other case.