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Powanammal vs State Of Tamil Nadu And Anr on 15 January, 1999

He further relied upon the decision of this Court in Powanammal vs. State of T.N. & Anr., 1999 (2) SCC 413, to the effect that the serving of document in English would not be an effective compliance with the provisions of Article 22 of the Constitution and the documents had to be translated. He submitted that that was a document (document at page No. 13) which pertains to the declaration filed by him. It is the stand of the respondents that it was a customs declaration card filled up by the detenu himself and, therefore, he was aware of the contents of the said declaration and he had Page 15 of 26 https://www.mhc.tn.gov.in/judis HCP(MD)No.1964 of 2022 also stated in the course of his statement before the authorities that he had filled up such a card. It is not the case of the detenu that the said document was not furnished by him. The said declaration which had been filled by the detenu himself was furnished to him but the translation thereof was not given to him. The grievance of the appellant is that Tamil translation of the said document was not given to him. However, when the said document had been filled by the detenu himself wherein he made some entries, non-furnishing of Tamil translation of the same would not result in any non-compliance of a document of which he had no knowledge. If he had made a declaration and same is supplied to him, we do not think that the same can be treated as non- furnishing of a document or furnishing of a document the translation of which is needed. Therefore, the two decisions on which the learned counsel for the detenu has placed reliance will be of no assistance to him.”
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