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2002 Supreme(Mad) 470

R.JAYASIMHA BABU, E.PADMANABHAN
K. Veeramani . – Appellant
Versus
The State of Tamil Nadu represented by its Secretary to Government, Prohibition and another. – Respondent


Advocates:
K.M. Subramaniam, for Petitioner.
I. Subramaniam, Public Prosecutor, for Respondents.

R. Jayasimha Babu, J.: The person, who has been detained as a goonda and against whom there are numerous adverse cases as set out in the detention order, which if established in Courts after due trial will result in punishment of great severity and who has also been involved in a ground case of attempt to murder, all of which will cumulatively justify his being labelled as a goonda, has now to be released on the short ground that the translation of the detention order given to him in Tamil, the only language which he knows, omits to set out a whole paragraph of the original order, which is made in English.

2. The omitted portion reads thus:

“A copy of the petition sent by one Tmt.Udaya dated 30.11.2001 addressed to the Secretary to Government, Prohibition and Excise Department, Chennai, was also placed before me. I have gone through the contentions raised in the said petition and the relevant case records. The contentions raised by the petitioner are not correct and, hence, I am not giving much credence to the petition and felt that the same is given with ulterior motive to use the same as defence document.”

3. In the Tamil version of the order of detention with the grounds, which is

















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