Palanisamy Gounder vs State of Tamil Nadu

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"" u/s 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"").

Heard both sides.

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.