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2025 Supreme(Online)(Mad) 67514

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, M. Jothiraman, JJ
Kalaiyarasi – Appellant
Versus
State Rep by, Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.L.Ramanathan
For the Respondents: Mr.A.Gokulakrishnan, Additional Public Prosecutor

(Order of the Court was made by N.Sathish Kumar J.)

The order of detention passed by the second respondent in CMP.No.34/Goonda/Salem City/2025, dated 14.07.2025, is sought to be quashed in the present Habeas Corpus Petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the translated version of the Property List sent to Magistrate as found in Page No.67 is improper. This deprived the detenu from making effective representation. Therefore, on the sole ground, the detention order is liable to be quashed.

4. On perusal of the documents available on record, particularly Page No.67 of the booklet (Vol.I), the Property List sent to Magistrate has been improperly translated with regard to the factum of the case. Therefore, the detenu is deprived from making effective representation and that the Detention Order passed by the Detaining Authority is vitiated.

5. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in ' Powana

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