Gousalya v. Additional Chief Secretary to the Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu – Maan onerai @ Arunkumar, aged 23 years, S/o.Baskaran, has filed this petition challenging the detention order dated

28.09.2025, branding him as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Crl.Side) for respondents. Page3 of 6

3.The learned counsel for the petitioner would submit that the impugned order of detention has to be set aside for the reason that the Government Order delegating the power of detention to the 2nd respondent herein has not been translated in Tamil, thereby denying the detenu to make an effective representation against the detention order.

¶4Heard the learned counsel for Government of Tamil Nadu (Crl.Side) for respondents, who would fairly concede that the translated version of the Government Order was not furnished to the detenu.

¶5It is seen from the booklet furnished to the detenu that the Government Order has not been translated in Tamil, while other documents were translated in Tamil, which is the language known to the detenu. It is well settled that if the relied upon documents are not furnished in the language known to the detenu, his right to make effective representation would be denied. In 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413', the Hon'ble Supreme Court had held that non-supply of relevant documents in the language known to the detenu renders the detenu's detention illegal. Page4 of 6

6.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in C.O.C.No.29/2025 dated 28.09.2025 is set aside.

¶7The detenu, viz., Maan onerai @ Arunkumar, aged 23 years, S/o.Baskaran, now confined in Central Prison, Cuddalore, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 02-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Copy today dk To

¶1The Additional Chief Secretary to the Government, Home Prohibition and Excise Department, Fort.St.George, Chennai – 600009.

¶2The District Collector and District Magistrate O/o The District Collector and District Magistrate, Page5 of 6

¶3The Superintendent of Police O/o The Superintendent of Police,

¶4The Inspector Of Police Velipalayam Police Station,

¶5The Superintendent of Prison Central Prison, Cuddalore.

¶6The Joint Secretary, Law and Order Department, Chennai – 600 009.

¶7The Public Prosecutor, High Court of Madras. HCPoNo.2183oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o2183oofo2025 02-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Gousalya W/o.Arun Kumar, No.52, V.O.C Street, Velippalayam, Nagapattinam – 611 001 ...Petitioner/Wife of the Detenu Vs 1. The Additional Chief Secretary to the Government, Home Prohibition and Excise Department, Chennai – 600009. 2. The District Collector and District Magistrate, O/o. The District Collector and District Magistrate, 3. The Superintendent of Police, O/o. The Superintendent of Police, 4. The Inspector of Police, Velipalayam Police Station, Page2 of 6 5. The Superintendent of Prison, Central Prison, Cuddalore. ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records connected with the detention order in C.O.C.No.29/2025 dated 28.09.2025 on the file of the Respondent No.2 and Quash the same as illegal and direct the respondents to produce the body or person of the petitioner's husband namely Maan onerai @ Arun Kumar, aged about 23 years son of Baskaran now confined at Central Prison, Cuddalore before this Court and set him at liberty forthwith. For Petitioner : Mr.U.Kathiravan For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)