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2006 DIGILAW 87 (MAD)

Gnanasekaran v. The State of Tamilnadu rep. By Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai & Another

2006-01-20

N.PAUL VASANTHAKUMAR, P.SATHASIVAM

body2006
Judgment :- (Prayer: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Habeas Corpus by calling for the records relating to the detention order passed by the second respondent in No.40/2005-C2 dated 15.9.2005 and quash the same and produce the body of the detenue Gnanasekaran son of Chinnaraj confined in the Central Prison, Vellore before this Court and set him at liberty.) P.Sathasivam, J. The petitioner was detained as "Boot-legger" under Tamil Nadu Act 14 of 1982 by the impugned proceedings dated 15.9.2005 in No.40/2005-C2. Challenging the same, this Habeas Corpus petition has been filed. 2. Heard the learned counsel for the petitioner as well as the learned Government Advocate on Criminal Side for the respondents. 3. It is contended by the learned counsel for the petitioner that there is defect in translation between the grounds of detention in English and the grounds of detention in Tamil. 4. In paragraph No.3 (a) of the grounds of detention in English, it is stated that "at the time of consuming the arrack he felt poisonous odour", but, in the Tamil translation of the same, in para No.3, it is stated "Fof;Fk;nghJ me;j rhuhak; mjpf beoahf ,Ue;jjhft[k;". The words 'poisonous odour' as contained in the grounds of detention in English has not been properly translated in Tamil. The words used by the detaining authority 'mjpf beoahf' would not connote poisonous odour. The Tamil words for poisonous odour must be 'tpc& beo'. Thus, it is clear that there is no proper translation, which vitiates the detention order. 5. The Habeas Corpus Petition is allowed and the detenu is directed to be set at liberty forthwith from the custody, unless he is required in connection with any other case.