Judgement Date– 29.04.2014
Division Bench– The Honourable Mr. Justice V. Dhanapalan& the Honourable Mr Justice G. Chockalingam
Grounds of Case– Sections 4(1) (aaa), 4(1-A), 4(1)(H) of Tamil Nadu Prevention Act r/w 7, 13 & 14 of RS Rules, 2000 offence regarding Bootleggers, Goondas, Immoral Traffic Offenders, Forest Offenders, Sand Offenders, Drug Offenders, Slum Grabbers and Video Pirates Act (14 of 1982), Section 3 and 420, 468, 471, 473, 475 Indian Penal Code, i.e., offences related to Cheating, Forgery, and counterfeits.
Fact-The writ petition filed under Article 226 of the Indian Constitution, which provides power to the High Court for issuance of the writ; the petition prayed for the issue of Habeas Corpus (to present the body against illegal detention). The petition argued on various grounds to set aside the order of detention. The court’s primary focus was derived on illegible document of the screen record of vehicle provided to Dentu (the petitioner), which deprived Dentu to comply with the orders of the court. It has appeared that the respondent (the union) consists of the documents that the appellant requested to transfer. The copies which were supplied were not readable. Meanwhile, they weren’t furnished with the vernacular translated version of the said report. The petitioner also referred to the case of Manjit Singh Grewal @ Gogi vs Union of India and others reported in 1990 (Supp) SCC 59 and prayed that the said act of detaining authority is against the judgement of the Supreme court in the above-mentioned case reference.
Judgement-The court judgement was in favour of the petitioner. By quashing down the detention of the petitioner, the court referred few statements those are-1. It is obligatory to the detaining authority to provide the translated version of the report in the language known by the accused.2. The facts show that the protection provided under the constitution have not been followed.3. Hence, the court quashed the detention and allowed the writ of habeas corpus.4. The petitioner is set at liberty unless custardy is required.