KANNAMMAL Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVT., PROHIBITION AND EXCISE DEPARTMENT, FOR ST. GEORGE, CHENNAI AND ANOTHER

JUDGEMENT

(1.) Petitioner is the mother of the detenu Siva son of Munusamy and the detenu stands detained by an order dated 31.7.1999 passed by the second respondent under Tamil Nadu Act 14 of 1982 after the detenu was identified as a goonda since the detenu had come to the adverse notice of the detaining authority in three adverse cases besides the ground case.

(2.) We do not propose to give a detailed order in view of the contention raised by the counsel for the petitioner and this writ petition has to be allowed on a short point.

(3.) Learned counsel submits that the detenu was not supplied with the true and correct translated version of the English grounds of detention in Tamil, the only language which the detenu knows. It is seen from the grounds of detention formulated in English that the detaining authority has stated that there is imminent possibility of the detenu coming out on bail. The said fact is not mentioned in the grounds of detention prepared in Tamil, by the detaining authority and served upon the detenu. Since there is no mention in the order of detention supplied to the detenu in Tamil that there is imminent possibility of the detenu getting released on bail, the subjective satisfaction of the detaining authority is conspicuously absent in the order supplied to him in Tamil (vide Palaniammal Vs. The District Magistrate & District Collector of Karur, 1999 (1) L.W. 98). Hence the order of detention is set aside.