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In The High Court Of Judicature At ... vs The State Of Tamil Nadu

Madras High Court|09 March, 2017

JUDGMENT / ORDER

[Order of the Court was made by S.NAGAMUTHU, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings D.O.No.31/2016-C2 dated 17.08.2016, whereby the detenu, namely T Kalaivani, aged about 48 years, was ordered to be detained under Bootlegger as contemplated under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980).
2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
3.Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the petitioner would mainly focus his arguments mainly on the ground that there are lot of discrepancies between the English and Tamil version of the detention order. The learned counsel has taken us through the Tamil and English version of the detention order. As he has rightly pointed out, there are lot of discrepancies in between the Tamil and English version of the detention order. This, in our considered view, caused serious prejudice to the detenue, in making effective representation before the authority concerned. Therefore, we are inclined to quash the detention order.
4.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 17.08.2016, passed by the second respondent is set aside. The detenue is directed to be released forthwith unless her presence is required in connection with any other case.
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Title

In The High Court Of Judicature At ... vs The State Of Tamil Nadu

Court

Madras High Court

JudgmentDate
09 March, 2017