Madras High Court
Ramesh vs The Secretary To The Government on 19 January, 2021
Bench: P.N.Prakash, V.Sivagnanam
H.C.P.No.1320 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
H.C.P.No.1320 of 2020
Ramesh .. Petitioner
Vs.
1.The Secretary to the Government,
Home, Prohibition and Excise
Department,
Secretariat, Chennai – 600 009.
2.The District Collector and
District Magistrate,
Ranipet District, Ranipet – 1.
3.The Superintendent of Police,
Ranipet District, Ranipet.
4.The Superintendent of Prison,
Special Prison for Women,
Vellore – 2.
5.The Inspector of Police,
SIPCOT Police Station,
Ranipet District. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for a writ of habeas corpus, to call for the records in
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https://www.mhc.tn.gov.in/judis/
H.C.P.No.1320 of 2020
connection with the order of detention passed by the second
respondent dated 07.07.2020 in B3/D.O.No.72/2020 against the
petitioner's wife Nalini, female, aged 35 years, W/o.Ramesh, who is
confined at Special Prison for Women, Vellore and set aside the same
and direct the respondents to produce the detenue before this Court
and set her at liberty.
For Petitioner : Mr.D.Balaji
For Respondents : Mr.R.Prathap Kumar
Addl. Public Prosecutor
ORDER
(Order of the Court was made by P.N.PRAKASH,J.) The petitioner is the husband of the detenue. The detenue has been branded as a "Bootlegger" as contemplated under Section 2(b) of the Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in B3/D.O.No.72/2020 dated 07.07.2020.
2. The ground case alleged against the detenue is one registered on 14.06.2020 by the Inspector of Police, SIPCOT Police Station in Crime No.471 of 2020 for the offences under Sections 4(1)aaa, 4(1)i, 4(1-A)ii of the Tamil Nadu Prohibition Act, 1937 r/w Sections 294(b), 353, 328 and 506 (II) IPC. Aggrieved by the order of detention, the present petition has been filed. 2/6 https://www.mhc.tn.gov.in/judis/ H.C.P.No.1320 of 2020
3. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he mainly focused his argument on the ground that there is variation in the translated version of grounds of detention. Hence the impugned order of detention is liable to be quashed.
4. On a careful scrutiny of the impugned order, it is seen that in the grounds of detention especially in paragraph no.5, it has been stated that the detenue has been produced before the District Munsif- cum-Judicial Magistrate, Ranipet, on 20.04.2020 and ordered to be remanded till 26.06.2020. But in the vernacular version, it has been stated as though the detenue has been produced on 14.06.2020 and the ordered to be remanded till 26.06.2020. In the English version of the grounds of detention in paragraph no.5, it has been stated thus:
“5. I am aware that Tmt.Nalini was produced before the District Munsif-cum-Judicial Magistrate, Ranipet, on 20.04.2020 in connection with ground case in SIPCOT Police Station in Crime No.471 of 2020 for the offences under Sections 4(1)aaa, 4(1)i, 4(1-A)ii of the Tamil Nadu Prohibition Act, 1937 r/w Sections 294(b), 353, 328 and 506 (II) IPC and ordered to be remanded till 26.06.2020..... ” whereas, in the vernacular version of the grounds of detention in paragraph no.5, it has been stated as follows:3/6
https://www.mhc.tn.gov.in/judis/ H.C.P.No.1320 of 2020 @jpUkjp.espdp vd;gth; mog;gil tHf;fhd rpg;fhl; fhty; epiya Fw;w vz;/471/2020. Gphpt[ 4(1)aaa, 4(1)i, 4(1-A)ii jkpH;ehL kJtpyf;F rl;lk; 1937 c-, 294(gp).
353. 328. 507(2) ,jr tHf;fpy; ,uhzpg;ngl;il khtl;l chpikapay; kw;Wk; ePjpj;Jiw eLth; ePjpkd;wj;jpy;
14/06/2020?k; njjp M$h;gLj;jg;gl;L. 26/06/2020?k; njjp tiu ePjpkd;wf; fhty; tH';fg;gl;L///// @ Therefore, when there is a variation between English and Tamil Version in respect of the same document, opportunity of clear understanding and making effective representation on such understanding is lost and the detenue is deprived thereof. Thus, for the reasons stated herein- above, the impugned detention order cannot be sustained.
5. Accordingly, the impugned detention order passed by the 2nd respondent, detaining the detenue, viz., Nalini, female, aged 35 years, W/o.Ramesh, made in B3/D.O.No.72/2020 dated 07.07.2020 is quashed and the Habeas Corpus Petition is allowed. The above named detenue, who is detained in the Special Prison for Women, Vellore – 2, is ordered to be set at liberty forthwith, unless her custody is required in connection with any other case.
(P.N.P.,J.) (V.S.G.,J.)
19.01.2021
nsd
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https://www.mhc.tn.gov.in/judis/ H.C.P.No.1320 of 2020 To
1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.
2.The District Collector and District Magistrate, Ranipet District, Ranipet – 1.
3.The Superintendent of Police, Ranipet District, Ranipet.
4.The Superintendent of Prison, Special Prison for Women, Vellore – 2.
5.The Inspector of Police, SIPCOT Police Station, Ranipet District.
6.The Public Prosecutor, High Court, Madras.
5/6 https://www.mhc.tn.gov.in/judis/ H.C.P.No.1320 of 2020 P. N. PRAKASH , J.
and V.SIVAGNANAM, J.
nsd H.C.P.No.1320 of 2020 19.01.2021 6/6 https://www.mhc.tn.gov.in/judis/