Madras High Court
HCP/782/2026 of Kanishka Vs The Secretary To The Government on 30 September 2026
HCP No. 782 of 2026
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. 782 of 2026
CNR: {HCMA010882752026}
Kanishka
W/o Krishnavel @ Kitcha,
No.4/5, Teachers Colony,
Perumal Kovil Medu,
Udaiyapatty,
Salem District.
..Petitioner(s)
Vs
1. The Secretary to the Government
Home Prohibition and Excise Department,
Secretariat,
Chennai – 600009.
2. The Commissioner of Police
Salem City.
3. The Superintendent of Prison
Central Prison,
Salem.
4. The Inspector Of Police
Veeranam Police Station,
Salem City.
..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
HCP No. 782 of 2026
respondent 13.03.2026 in C.M.P.No.44/Drug Offender/Salem City/2026 against the petitioner’s husband, Krishnavel @ Kicha, male aged 25 years, S/o Ragupathi Kannan who is confined at Central Prison Salem and set aside the same and direct the respondents to produce the detenue before the Honourable Court and set him at liberty.
For Petitioner(s):
Mr.P.M.Jayachandran
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 wife of the detenu Krishnavel @ Kicha, Son of Ragupathi Kannan, Male, aged about 25 years, has come forward with this petition challenging the detention order passed by the second respondent dated 13.03.2026 vide reference in C.M.P.No.44/Drug Offender/Salem City/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 respondents. We have also perused the records submitted by the detaining authority.
HCP No. 782 of 2026
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 list of property sent to the learned Magistrate at Page No.28 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. Per contra, learned Additional Public Prosecutor while reiterating the averments in the counter affidavit submits that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner.
5. On consideration of the submissions made on either side and upon perusal of the documents available on record especially at Page No.28 in Volume-I of the booklet, it is clear that the list of property sent to the learned Magistrate has not been properly translated in vernacular language. Thus, the impugned detention order is liable to be set aside on this ground.
HCP No. 782 of 2026
6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 13.03.2026 vide reference in C.M.P.No.44/Drug Offender/Salem City/2026 is hereby set aside and the detenu viz. Krishnavel @ Kicha, Son of Ragupathi Kannan, Male, aged about 25 years, who is detained at Central Prison, Salem, 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 Note to Office: Registry to communicate this order to Jail authorities in Central Prison, Salem, forthwith.
HCP No. 782 of 2026
To:
1. The Secretary to the Government Home Prohibition and Excise Department, Secretariat, Chennai – 600009.
2. The Commissioner of Police Salem City.
3. The Superintendent of Prison Central Prison, Salem.
4. The Inspector Of Police Veeranam Police Station, Salem City.
5. The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai – 9.
6. The Public Prosecutor, High Court of Madras.
HCP No. 782 of 2026
N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI HCP No. 782 of 2026 30-09-2026