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Judgment
P. Sathasivam, J.—The petitioner, who is the wife of the detenu by name Ambika Son of Gopal Gounder, who was detained as a
Bootlegger"" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders,
Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned detention
order dated 22.11.2005, challenges the same in this Petition.
Heard learned counsel for the petitioner as well as learned Government Advocate for the respondents.
At the foremost, learned counsel for the petitioner submitted that though the detaining authority relied on the remand extension order dated
22.11.2005, Tamil version of the said order has not been furnished. Inasmuch as the detenu''s known language is Tamil, in the absence of copy of
the remand extension order in Tamil, the detenu was prejudiced in making effective representation.
In the light of the above contention, we verified the remand extension order dated 22.11.2005, which is available as a last document in the
paper book. It is also seen that the detaining authority has relied on the said document while passing the order of detention. It is the specific case of
the detenu that he knows only Tamil language. It is not in dispute that the remand extension order dated 22.11.2005 has not been translated and
supplied to the detenu. In such circumstances, in view of the fact that the said order has been relied upon by the detaining authority, he ought to
have furnished translated copy to the detenu, failure to same, vitiate the order of detention. On this ground, we quash the impugned order of
detention.
Accordingly, the Habeas Corpus Petition is allowed and the impugned order of detention is set aside. The detenu is directed to be set at liberty
forthwith from the custody unless he is required in some other case or cause.