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Judgment
The petitioner herein, who is the detenu has challenged the order of detention in Cr.M.P. No. 17/97 dated 30.6.97 passed by the first respondent and she was detained under the Tamil Nadu Act 14 of 1982 as Bootlegger, keeping in view the adverse cases and the ground case. She was served with the grounds of detention and now she is detained in Special Prison for women at Tiruchirapalli.
The learned counsel for the petitioner contended that in para 5 of the grounds of detention, there is a mention that the detenu is in remand and there is an imminent possibility of her moving for a bail and coming out on bail and if she comes out on bail, she will indulge in further activities which are prejudicial to the maintenance of public order and public health.
The learned counsel invited our attention to the Tamil translation served on the detenu stating that the important material denoting the subjective satisfaction is conspicuously absent and also invited our attention to a decision of this Court in Vinayagam v. The District Magistrate and Collector of North Ar-cot Ambedkar District Vellore 1995 1 L.W (Cri.) 149.
The learned public prosecutor also conceded that there is no mention in the order of detention supplied to the detenu in Tamil that there is imminent possibility of her getting released on bail. The order of detention supplied to the detenu is in Tamil, the only language known to her and it has been stated that there was imminent possibility of the detenu getting herself released on bail and there was likelihood of her remaining at large.
In this context, keeping in view the decision of this court, since the important material denoting subjective satisfaction is conspicuously absent, we have no option except to set aside the impugned order of detention. Accordingly, we set aside the impugned order of detention dated 30.6.1997 and direct the detenu to be set at liberty forthwith, if not required in connection with any other case.