Madras High Court
Aamna Khatoon vs State Of Tamilnadu on 24 November, 2025
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
H.C.P.No.1993 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
H.C.P.No.1993 of 2025
Aamna Khatoon ... Petitioner/Detenue's Wife
-vs-
1. State of Tamilnadu,
Rep. by its Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai.
2. The Commissioner of Police / Detaining Authority,
Tiruppur City.
3. The Superintendent of Prison,
Central Prison, Coimbatore.
4. The Inspector of Police,
South Police Station, Tiruppur City. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus, calling for records in connection with the order of
detention passed by the 2nd Respondent made in his order
C.No.40/D.O/IS/Tiruppur City/2025 dated 01.07.2025 against the Petitioner's
husband Mohammed Kasid, S/o.Mohammed Sabir, aged about 32 years, who
is confined at Central Prison, Coimbatore under Tamil Nadu Act 14 of 1982
as Drug Offender and to quash the same and direct the Respondents to
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H.C.P.No.1993 of 2025
produce the Detenue Mohammed Kasid, S/o.Mohammed Sabir, aged about
32 years before this Honble Court and set him at liberty.
For Petitioner : Mr.P.Thinesh
For Respondents : Mr.A.Gokulakrishnan
Addl. Public Prosecutor
*****
ORDER
The petitioner herein, who is the wife of the detenue, namely,
Mohammed Kasid, S/o.Mohammed Sabir, aged about 32 years, detained at
Central Prison, Coimbatore, has come forward with this petition, challenging
the detention order dated 01.07.2025, passed by the second respondent in
C.No.40/D.O/IS/Tiruppur City/2025, branding him as a "Drug Offender", as
contemplated under Section 2(e) of the Tamil Nadu Prevention of Dangerous
Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest
Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual
Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14,
of 1982).
2. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents.
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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 there was no translated version of the Arrest
Intimation Form at Page No.15 of Vol.I furnished to the detenue. This
deprived the detenu from making effective representation. Therefore, on the
sole ground, the detention order is liable to be quashed.
4. Learned Additional Public Prosecutor has not refuted the non-
supply of the translated version to the detenue.
5. On perusal of the documents available on record, particularly
in Page No.15 of the booklet (Vol.I), the translated copy of the Arrest
Intimation Form has not been furnished to the detenue. Therefore, the
detenue is deprived from making effective representation and that the
Detention Order passed by the Detaining Authority is vitiated.
6. In this context, it is useful to refer to the judgment of the
Hon'ble Supreme Court in 'Powanammal Vs. State of Tamil Nadu' reported
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in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the
safeguards embodied in Article 22 (5) of the Constitution, observed that the
detenue should be afforded an opportunity of making representation
effectively against the Detention Order and that, the failure to supply every
material in the language which can be understood by the detenue, is
imperative. In the said context, the Hon'ble Supreme Court has held in
Paragraphs 9 and 16 of th said judgment as follows:
“9.However, this Court has maintained a
distinction between a document which has been relied upon by
the detaining authority in the grounds of detention and a
document which finds a mere reference in the grounds of
detention. Whereas the non-supply of a copy of the document
relied upon in the grounds of detention has been held to be fatal
to continued detention, the detenue need not show that any
prejudice is caused to him. This is because the non-supply of
such a document would amount to denial of the right of being
communicated the grounds and of being afforded the opportunity
of making an effective representation against the order. But it
would not be so where the document merely finds a reference in
the order of detention or among the grounds thereof. In such a
case, the detenue's complaint of non-supply of document has to
be supported by prejudice caused to him in making an effective
representation. What applies to a document would equally apply
to furnishing a translated copy of the document in the language
known to and understood by the detenue, should the document
be in a different language.
..... 16.For the above reasons, in our view, the non-
supply of the Tamil version of the English document, on the
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facts and in the circumstances, renders her continued detention
illegal. We, therefore, direct that the detenuee be set free
forthwith unless she is required to be detained in any other case.
The appeal is accordingly allowed.”
7. In view of the ratio laid down by the Hon'ble Supreme Court
and in view of the aforesaid facts, this Court is of the view that the detention
order is liable to be quashed.
8. For the aforesaid reasons, this Habeas Corpus Petition is
allowed and the Detention Order passed by the SECOND RESPONDENT
in C.No.40/D.O/IS/Tiruppur City/2025 dated 01.07.2025, is hereby set aside.
The detenue, viz., Mohammed Kasid, S/o.Mohammed Sabir, aged about 32
years,, who is now confined in the Central Prison, Coimbatore is hereby
directed to be set at liberty forthwith unless his presence is required in
connection with any other case.
(N.S.K,J.,) (M.J.R,J.,)
24.11.2025
Index: Yes / No
Internet: Yes / No
ar
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N.SATHISH KUMAR, J.
AND
M.JOTHIRAMAN, J.
ar
To:
1. The Secretary to Government,
State of Tamilnadu,
Home, Prohibition and Excise Department,
Fort St.George, Chennai.
2. The Commissioner of Police / Detaining Authority,
Tiruppur City.
3. The Superintendent of Prison,
Central Prison, Coimbatore.
4. The Inspector of Police,
South Police Station, Tiruppur City.
5. The Joint Secretary to Government
Public (Law & Order),
Fort St.George, Chennai-600 009.
6. The Public Prosecutor,
High Court, Madras. H.C.P.No.1993 of 2025
24.11.2025
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