Madras High Court

HCP/444/2026 of G.Sankar Vs The Additional Chief Secretary to Government on 30 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-09-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR JUSTICE K. RAJASEKAR

HCP No. 444 of 2026

CNR: {HCMA010352082026}

G.Sankar

S/o.Govindaswamy,

No.144/88, Srirangammal Kovil Street,

Oldwashermenpet,

Chennai,

Tamilnadu-600 12.

..Petitioner(s)

Vs

1. The Additional Chief Secretary to Government, Home Prohibition and Excise Dept., Secretariat, Chennai-600 009.

2. The Commissioner of Police,

Greater Chennai Police.

3. The Superintendent of Prison,

Central Prison,

Puzhal, Chennai-66.

4. The Inspector of Police,

H-3, Tondiarpet Police Station,

Chennai.

..Respondent(s)

PRAYER:

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, to call for the records in Connection with the order of Detention passed by the second respondent dated 31.01.2026 in Memo.No.52/BBCDEFGISSSV/2026 against the petitioner’s son namely Lenin, Male, aged 21 years, S/o.Sankar, who is

confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before the Honble Court and set him at Liberty.

For Petitioner(s):

Mr.S.Karthick

for Mr.G.S.Mani

For Respondent(s):

Mr.M.Mohamed Riyaz,

Additional Public Prosecutor

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ORDER

(Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the father of the detenu Lenin, Son of Sankar, Male, aged about 21 years, has come forward with this petition challenging the detention order passed by the second respondent dated 31.01.2026 vide proceedings No.52/BBCDEFGISSSV/2026, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the records submitted by the detaining authority.

3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner mainly focused his argument on the ground that the language known to the detenu is Tamil, but, the Arrest Card in English version at Page No.45 in Volume-I of the booklet has not been properly translated in vernacular language and therefore, the same has prevented him from making an effective representation against the detention order. Hence, the impugned order is liable to be set aside.

4. The said contention made by the learned counsel for the petitioner has not been disputed by the learned Additional Public Prosecutor.

5. On consideration of the submissions made on either side and upon perusal of the documents available on record especially at Page No.45 in Volume-I of the booklet, it is clear that the Arrest Card in English version has not been properly translated in vernacular language. Thus, the impugned detention order is liable to be set aside on this ground.

6. In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent dated 31.01.2026 vide proceedings No.52/BBCDEFGISSSV/2026 is hereby set aside. The detenu viz., Lenin, Son of Sankar, Male, aged about 21 years, who is detained at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith unless his custody is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSI

To:

1. The Additional Chief Secretary to Government, Home Prohibition and Excise Dept., Secretariat, Chennai-600 009.

2. The Commissioner of Police, Greater Chennai Police.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai-66.

4. The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.

5. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai – 9.

6. The Public Prosecutor, High Court of Madras.

N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI HCP 30-09-2026 30.09.2026

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