Kannammal v. State of Tamil Nadu
Case at a glance
- Bench
- P SATHASIVAM
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 33. Even at the foremost the learned counsel for the petitioner submitted that though the Detaining Authority has very much relied on the Chemical Analysis Reports, which are available at pages 125 to 135 of the paper book and also specifically mentioned in Ground 3(c)…
Judgment
In the High Court of Judicature at MadrasDated:10.04.2006Coram: The Hon'ble Mr. Justice P. SATHASIVAMandThe Hon'ble Mr. Justice J.A.K. SAMPATHKUMARHabeas Corpus Petition No.52 of 2006 Kannammal .. Petitionervs.
State of Tamil Nadu rep. by Secretary to Government Prohibition and Excise Department Fort St. George Chennai 9.
The District Magistrate and District Collector Coimbatore District. .. Respondents Petition filed under Article 226 of the Constitution of Indiapraying for issuance of writ of habeas corpus as stated therein. For petitioner : Mr. P. Venkatasubramaniamfor Mr. C. RamkumarFor respondents : Mr. Abudukumar Rajarathinam Govt., Advocate (Crl.)ORDER(Order of the Court was made by P. SATHASIVAM,J.,)The petitioner by name Kannammal, who challenges the impugned order of detention dated 28.12.2005, detaining her son Gopal, as"Bootlegger" under Section 3 (1) of the Tamil Nadu Prevention of DangerousActivities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in short "TamilNadu Act 14 of 1982"). 2. Heard both sides. https://hcservices.ecourts.gov.in/hcservices/
Even at the foremost the learned counsel for the petitioner submitted that though the Detaining Authority has very much relied on the Chemical Analysis Reports, which are available at pages 125 to 135 of the paper book and also specifically mentioned in Ground 3(c) of the Groundsof Detention, the translated copies were not supplied to the detenu, who knows Tamil language only. The said aspect is not in dispute. Considering the fact that the Detaining Authority has very much relied on the Chemical Analysis Report, it is but, proper on the part of the Authority to supply the translated Tamil version of those reports to thedetenu in order to make effective representation, failure to do so, vitiates the impugned detention order and accordingly, the same isquashed; this petition is allowed. The order of detention impugned in the petition is set aside and the detenu is directed to be set at liberty forthwith from the custody unless he is required in connection with anyother case. KhSd/-Asst. Registrar./true copy/Sub Asst. Registrar. To1. The Secretary to Government State of Tamil Nadu Prohibition and Excise Department Fort St. George, Chennai 9.2. The District Magistrate and District Collector Coimbatore District.3. The Superintendent Central Prison, Coimbatore.
The Public Prosecutor High Court, Madras.
Joint Secretary to Government Public (Law and Order) Fort Saint George, Chennai-9. Order in H.C.P.No.52 of 2006AK(CO)RVL 18.04.2006
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.