Madras High Court
HCP/1497/2026 of Ayesha Vs The State Rep. by, The Additional Chief Secretary on 29 September 2026
HCP No. 1497 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. 1497 of 2026
CNR: {HCMA011622062026}
Ayesha
W/o. Sasikumar,
No.1/2, Saratha Nagar,
Korattur, Chennai District-600 080.
..Petitioner(s)
Vs
1. The State Rep. by,
The Additional Chief Secretary to Government, Home, Prohibition and Exercise Department, Fort St.George, Chennai.
2. The Commissioner of Police
Avadi City,
Office of the Commissioner of Police,
(Goondas Section),
Avadi, Chennai-600 054.
3. The Superintendent
Central Prison, Puzhal, Chennai-66.
4. The Inspector of Police
E-1, Ponneri Police Station,
Tiruvallur District.
..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 records pertaining to the detenu Mr. Sasikumar, S/o.Rajendran, who is detained under Tamil Nadu Act 14 of 1982 as Drug Offender at Central Prison, Puzhal, Chennai by the 2nd Respondent herein, vide his order in No.75/TNPD/APC/2026 dated 29.03.2026
HCP No. 1497 of 2026
on the file of the 2nd Respondent herein and to quash the same and direct the Respondents herein to produce the body or in person of the Petitioner’s husband the detenu, Sasikumar, S/o.Rajendran, aged about 29 years before this Hon’ble Court and set him at liberty and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
Mr. K. Sivakumar
For Respondent(s):
Mr. M. Mohamed Riyaz
Additional Public Prosecutor
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ORDER
(Order of the Court was made by K. Rajasekar J.) The order of detention passed by the second respondent in No.75/TNPD/APC/2026 dated 29.03.2026 is sought to be quashed in the present Habeas Corpus Petition.
2. We have heard the learned counsel for the petitioner and learned Government Advocate (Criminal Side) appearing for respondents. We have also 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 confined his argument only with regard to non application of mind on the part of the detaining authority in passing the impugned order of detention.
HCP No. 1497 of 2026
4. Learned counsel for the petitioner submitted that the detenu has been remanded to judicial custody in connection with ground case in Crime No.64 of 2026 on the file of the E-1, Ponneri Police Station, Tiruvallur District and he 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 after quoting that the detenu has not filed any bail application in the above case, but he has observed that the relatives of the detenu are taking effective steps to file a bail application, based on the information received from the sponsoring authority, the detaining authority has come to the conclusion that there is a real possibility of the detenu coming out on bail, however there is no statement or any material has been produced to substantiate the same. He further submitted that, though the learned Principal Special Judge ordered to produce the detenu on 27.03.2026, he was not produced and further without any extension order of the remand, the detenu was continuously detained.
5. Per contra, learned Government Advocate (Criminal Side) 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.
HCP No. 1497 of 2026
6. Considering the submissions made by both sides and on perusal of the booklet supplied to the detenu in page No. 59 in Volume I, it reveals that the detenu was in judicial custody and on 13.03.2026, since the accused were not produced before the concerned Court, the Court has directed their production on 27.03.2026, but the remand has not been extended. However, the Detaining Authority has ascertained that the remand period of the detenu was extended periodically, hence this Court is of the considered view that there is non application of mind on the part of the detaining authority. In such view of the matter, the impugned detention order is liable to be quashed.
7. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent in No.75/TNPD/APC/2026 dated 29.03.2026 is hereby set aside. The detenu Sasikumar S/o Rajendran, Male, aged 29 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 stn Note to Office : Registry to communicate this order to Jail authorities in Central Prison, Puzhal, Chennai forthwith.
HCP No. 1497 of 2026
To
1. The Additional Chief Secretary to Government Home, Prohibition and Exercise Department, Fort St. Georege, Chennai.
2. The Commissioner of Police Avadi City, Office of the Commissioner of Police, (Goondas Section), Avadi, Chennai-600 054.
3. The Superintendent Central Prison, Puzhal, Chennai-66.
4. The Inspector of Police E-1, Ponneri Police Station, Tiruvallur District.
HCP No. 1497 of 2026
N. SATHISH KUMAR, J. AND K.RAJASEKAR, J. stn HCP No. 1497 of 2026 29-09-2026