(Order of the Court was made by V.DHANAPALAN, J.) The petitioner is the wife of the detenu and challenge is made to the order of detention dated 29.10.2013 made in Cr.M.P.No.51/BM/2013(E1), passed by the second respondent under which the detenu has been branded as a Black Marketeer and detained under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act 7 of 1980).

2.As per the grounds of detention dated 29.10.2013, the detenu came to the adverse notice in the following case :-

3.The detenu came to the adverse notice on an earlier occasion and on 07.10.2013, he along with other accused found in possession of 240 bags of rice meant for Public Distribution System and thereby indulged in activities prejudicial to the maintenance of supplies of commodities essential to the community, which resulted in registration of the ground case in Crime No.348 of 2013 on the file of Pollachi CSCID for the offences under Section 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955 . The detenu and two other accused were arrested on 07.10.2013 and produced before the Judicial Magistrate No.IV, Coimbatore on 08.10.2013 and remanded to judicial custody. The detaining authority, on being satisfied upon the materials placed before him that the activities of the detenu are prejudicial to the maintenance of supplies of commodities essential to the community, clamped the order of detention. Challenging the said order, petitioner is before this Court by way of this habeas corpus petition.

4.The main thrust of the argument made by the learned counsel for the petitioner is that there is variation in the translation of vital information, which would deprive the detenu from making an effective representation for redressal of his grievance. Learned counsel would submit that in para 6 of the English version of the detention order, it has been stated that before the approval of the Government, the representation will be duly considered. That part of the translation is omitted in the Tamil version. Therefore, the impugned order of detention is vitiated in law.

5.We have heard the learned Additional Public Prosecutor as well as the learned Senior Central Government Standing Counsel on the above submission of the learned counsel for the petitioner.

6.For appreciating the contentions raised by the learned counsel for the petitioner, the relevant averments in para 6 of the English version of the detention order are extracted hereunder:

whereas, para 6 of the vernacular version of the detention order reads as under:

7.A reading of the above would indicate that in the Tamil version, the words "before the approval of the Government", are omitted to be translated. The said omission in respect of making representation before the approval of the Government, that too, in the language known to the detenu, would definitely deprive the detenu from making an effective representation before the approval of the Government. Therefore, the defective translation would vitiate the order of detention. On this sole ground, the order of detention is liable to be quashed.

8.In the result, this habeas corpus petition is allowed and the impugned detention order made in Cr.M.P.No.51/BM/2013 (E1) dated 29.10.2013, is set aside. The detenu  Mohan @ Vellalur Mohan @ Mohankumar, S/o.Chinnu, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.

(V.D.P.,J.) (G.C.,J.) 12.03.2014 Index:Yes Internet:Yes mmi To

1.The Secretary to Government of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai-9.

2.The District Magistrate and District Collector, Coimbatore District.

3.The Additional Secretary, Government of India, Ministry of Consumer Affairs, Food and Public Distribution, (Department of Consumer Affairs), No.270, Krishi Bhavan, New Delhi  110 001.

4.The Superintendent, Central Prison, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

V.DHANAPALAN, J.

and G.CHOCKALINGAM,J.

mmi HCP No.2935 of 2013 12.03.2014