THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.13092 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard Sri C. Praveen Kumar, appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The present Writ of Habeas Corpus is filed by the petitioner seeking production of her husband viz., Sri Rajana Abraham, s/o. Late Matchies, aged 45 years, r/o. Peda Relli Veedhi, Parvathipuram Town of Vizianagaram District, who is detained in Central Prison, Visakhapatnam, pursuant to the detention order, dated 02.04.2009, in proceedings Rc.No.103/2009/A4/Exc, passed by the Collector and District Magistrate, Vizianagaram, and all other consequential proceedings, before this Court and to release him, forthwith. 3. The husband of the petitioner was allegedly involved in trafficking of illicit liquor and taking into account of his frequent involvement in the said activity, the competent authority i.e., the Collector and District Magistrate, Vizianagaram District, the first respondent herein, exercising the jurisdiction conferred under Section 3 (1)(2) read with Section 2 (a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas and Immoral Traffic Offenders and Land Grabbers Act, 1986 (for brevity “the Act”), passed the order of detention, dated 02.04.2009, and eventually the Government had passed final order vide G.O.Rt.No.2224, General Administration (Law & Order.II) Department, dated 08.05.2009, confirming the order passed by the competent authority, and as a result of which the alleged detenu was directed to be detained for a period of 12 (twelve) months from the date of his detention i.e., 02.04.2009. Aggrieved by the same, the petitioner has filed the present writ petition seeking production of the alleged detenu and to release him, forthwith. The details of the offences involved by the alleged detenu are not very relevant, therefore, we are not referring to those details. 4. The only point urged by the learned counsel for the petitioner is that while passing the order of detention, the translated copies of the proceedings and other material relied on by the detaining authority for passing the order of detention was not furnished to the alleged detenu. 5. It appears that all the proceedings were initiated in English language and the material that was relied on by the detaining authority for passing the order of detention was not made available to the petitioner in the language in which the alleged detenu is conversant i.e., telegu and as a result of which the alleged detenu could not defend his case by making effective representation as postulated under Article 22 (5) of the Constitution of India. Therefore, it is the contention of the learned counsel for the petitioner that the order of detention suffers from illegality and the same is liable to be set aside. 6. In support of his contention, reliance has been placed on a judgment rendered by the apex Court in Nandoli Mohamed Rafeeq v. Union of India[1] wherein it was held that the documents supplied to the detenu must be in the language known to him and even presuming that the document was supplied to detenu to facilitate his right to make effective representation against the order of detention, the document being in language not known to the alleged detenu, his continued detention was violative of Article 22 (5) of the Constitution of India. 7. In view of the law laid down by the apex Court, since the facts and circumstances of present case are also stand on the same footing, following the above judgment of the apex Court, we deem it appropriate to set aside the order of detention and all other consequential proceedings passed against the alleged detenu. 8. In the result, the writ petition is allowed, at the stage of admission, setting aside the detention order, dated 02.04.2009, in proceedings Rc.No.103/2009/A4/Exc, passed by the Collector and District Magistrate, Vizianagaram, and all other consequential proceedings passed against the alleged detenu, viz., Sri Rajana Abraham, s/o. Late Matchies, aged 45 years, r/o. Peda Relli Veedhi, Parvathipuram Town of Vizianagaram District, under Section 3 (1)(2) read with Section 2 (a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas and Immoral Traffic Offenders and Land Grabbers Act, 1986, and the alleged detenu shall be released, forthwith, if not required in any other case. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE R.KANTHA RAO 04.08.2009. Msr THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.13092 of 2009 04.08.2009 (Msr) [1] (2004) 12 SCC 218