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2014 DIGILAW 934 (MAD)

Kanniamma v. Commissioner of Police

2014-04-16

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. The petitioner is the wife of detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under order of the 1st respondent passed in Memo No.927/BDFGISSV/2013 dated 07.09.2013. 2. The detenu came to adverse notice in the following case:- Sr.No. Police Station and Crime No. Sections of Law 1. P-2, Otteri Police Station, Crime No.1236 of 2012 8(c) r/w 20(b)(ii)(A) of NDPS Act @ 8(c) r/w 20(b)(ii)(B) of NDPS Act. 2. P-2, Otteri Police Station, Crime No.952 of 2013 20(b)(ii)(A) of NDPS Act 3. P-2, Otteri Police Station, Crime No.965 of 2013 8(c) r/w 20(b)(ii)(B) of NDPS Act The ground case alleged against the detenu is one registered on 20.08.2013 by the Inspector of Police, P-2, Otteri Police Station in Crime No.1233 of 2013 for offences under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act. Aggrieved by the order of detention, the present petition has been filed. 3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that Tamil version of two letters, viz., one written by the Director & HOD, Institute of Pharmacology, Madras Medical College, Chennai, to The Dean, Madras Medical College, Chennai, and the second one written by The Dean, Madras Medical College, Chennai to The Sub Inspector of Police, P-2, Otteri Police Station, Chennai, in connection with Crime No.1233 of 2013, ground case, which are annexed at Page Nos.150 &151190 of the booklet, has not been furnished to the detenu and therefore, on this sole ground, the detention order is liable to be quashed. 4. We have heard the learned Additional Public Prosecutor on the above submission. 5. From a perusal of the booklet, it is seen that the detaining authority has failed to furnish two correspondence letters that had taken place between the Director & HOD, Institute of Pharmacology, Madras Medical College, Chennai and The Dean, Madras Medical College, Chennai as also between The Dean, Madras Medical College, Chennai and The Sub Inspector of Police, P-2, Otteri Police Station, Chennai in respect of ground case in Crime No.1233 of 2013, in vernacular language. Non furnishing of the same in the language known to the detenu would definitely deprive him the opportunity of making effective representation to the authorities concerned. Non furnishing of the same in the language known to the detenu would definitely deprive him the opportunity of making effective representation to the authorities concerned. The same, which amounts to an infringement of right ensured under Article 22(5) of the Constitution of India, would vitiate the order of detention. Thus, for the reasons stated herein-above, the impugned detention order cannot be sustained. 6. Accordingly, the impugned detention order passed by the 1st respondent, detaining the detenu Durai, S/o.Periyasamy, made in Memo No.927/BDFGISSV/2013 dated 07.09.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu, who is detained at the Central Prison, Puzhal, Chennai, is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.