Madras High Court
HCP/1021/2026 of Nadarajan Vs The State of Tamilnadu The Additional Chief Secret on 29 September 2026
HCP No. 1021 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
HCP No. 1021 of 2026
CNR:{HCMA011164302026}
Nadarajan
S/o.Govinthasamy,
557G Block, Kilakukalaraisali,
Washermenpet, Chennai District.
..Petitioner(s)
Vs
1. The State of Tamil Nadu
The Additional Chief Secretary to Government (Home) Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Police
Salem District, Salem City.
3. The Superintendent of Prison
Central Prison,
Salem, Salem District.
4. The Inspector of Police
Annadanapatty Police Station,
Salem City.
..Respondent(s)
Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records pertaining to the order of detention dated 23.02.2026 passed in C.M.P.No.36/Drug Offender/Salem City/2026 passed by the second respondent and set aside the same and directing the respondents to produce the petitioner’s brother
HCP No. 1021 of 2026
Mohammad Muzzamil @ Shanmugam, son of Govindasamy, aged about 37
years, before this Court, now confined in Central Prison, Salem and set him at liberty.
For Petitioner(s):
Mr.C.Deepakkumar
For Respondent(s):
Mr.M.Mohamed Riyaz
Additional Public Prosecutor
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ORDER
(made by N.Sathish Kumar J.) The petitioner, who is the brother of the detenu Mohammad Muzzamil @ Shanmugam, son of Govindasamy, aged about 37 years, has come forward with this petition challenging the detention order passed by the second respondent dated 23.02.2026 bearing reference Memo C.M.P.No.36/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. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned
HCP No. 1021 of 2026
counsel for the petitioner confined his argument only with regard to non- application of mind on the part of the detaining authority in arriving at the subjective satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.
4. The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case, but the detenu has not moved any bail application in respect of the ground case and therefore, there is no real possibility of the detenu coming out on bail in the near future. However, the detaining authority while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order in Crl.M.P.No.1395 of 2024.
5. In this regard, the learned counsel drew the attention this Court to the order in Crl.M.P.No.1395 of 2024, which is enclosed at Page No.10 in Volume-II of the booklet. A perusal of the said order shows that the facts of that case are entirely different and not similar in nature and therefore, the subjective satisfaction arrived at by the detaining authority regarding the imminent possibility of detenu being enlarged on bail shows clear non- application of mind. Therefore, the impugned preventive detention order deserves to be dislodged.
HCP No. 1021 of 2026
In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent dated 23.02.2026 in Memo C.M.P.No.36/Drug Offender/Salem City/2026 is hereby set aside and the detenu viz. Mohammad Muzzamil @ Shanmugam, son of Govindasamy, aged about 37 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd
HCP No. 1021 of 2026
To
1. The Secretary to Government (Home) Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Police Salem District, Salem City.
3. The Superintendent of Prison Central Prison, Salem, Salem District.
4. The Inspector of Police Annadanapatty Police Station, Salem City.
5. The Joint Secretary, Law and Order, Public Department, Secretariat, Chennai.
6. The Public Prosecutor, Madras High Court, Chennai.
HCP No. 1021 of 2026
N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 1021 of 2026 29-09-2026