PORMUDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner, who has been detained as a bootlegger under Tamil Nadu Act 14 of 1982, has filed this petition under article 226 of the Constitution of India, for his release.

(2.) Learned Counsel for the petitioner inter alia contend tilat a relevant document namely, Toxicology Report supplied to the detenu is totally illegible and, therefore, among other things, in his representation dated 10/10/1992, he sought a clear copy of the Toxicology Report. In response to that representation, the Government by letter dated 3/11/1992 have directed the detaining authority to supply those documents which had not already been supplied. In spite of that, no steps have been taken to supply the documents, in particular, a clear copy of the Toxicology Report. According to the learned Counsel for the petitioner, the non-supply of clear copy of the Toxicology report disabled the petitioner from making an effective and meaningful representation.

(3.) Learned Additional Public Prosecutor, after persuing the records supplied to the detenu admitted that the Toxicology report supplied to the detenu is totally illegible. In view of non supply of clear copy, we hold that the order of detention is vitiated, and accordingly, we quash the same. The petition is allowed. The Respondents are directed to release the detenu forthwith from custody unless he is liable to be detained in custody for some other cause. Petition allowed.