Madras High Court

HCP/839/2026 of Amudha Vs The Secretary To The Government on 28 September 2026

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HCP No. 839 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-09-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

HCP No. 839 of 2026

CNR:{HCMA010999282026}

Amudha

W/o Palanisamy,

No.37D, Kamarajar Street,

Ammapettai, Salem.

..Petitioner(s)

Vs

1. The Secretary to the Government

Home Prohibition and Excise Department,

Fort St.George, Chennai – 600009.

2. The Commissioner of Police

Salem City,

Salem.

3. The Superintendent of Prison

Central Prison,

Salem.

4. The Inspector Of Police

Ammapet Police Station,

Salem.

..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 passed in his proceedings in C.M.P.No.55/Drug

HCP No. 839 of 2026

Offender/Salem City/2026 dated 27.03.2026 passed by the second respondent and set aside the same and direct the respondents to produce the petitioner’s son Sakthivel, son of Palanisamy, aged about 25 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 mother of the detenu Sakthivel, son of Palanisamy, aged about 25 years, has come forward with this petition challenging the detention order passed by the second respondent dated 27.03.2026 bearing reference C.M.P.No.55/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.

HCP No. 839 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 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 and the bail application moved by the detenu in respect of the ground case is pending 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 of 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 that apart, there are eleven previous cases pending against the detenu herein. Therefore, the subjective satisfaction arrived at by the detaining authority regarding the

HCP No. 839 of 2026

imminent possibility of detenu being enlarged on bail shows clear non- application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent dated 27.03.2026 in C.M.P.No.55/Drug Offender/Salem City/2026 is hereby set aside and the detenu viz. Sakthivel, son of Palanisamy, aged about 25 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.) 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsd

HCP No. 839 of 2026

To

1. The Secretary to the Government Home Prohibition and Excise Department, Fort St.George, Chennai – 600009.

2. The Commissioner of Police Salem City, Salem.

3. The Superintendent of Prison Central Prison, Salem.

4. The Inspector Of Police Ammapet Police Station, Salem.

5. The Joint Secretary, Law and Order, Public Department, Secretariat, Chennai.

6. The Public Prosecutor, Madras High Court, Chennai.

HCP No. 839 of 2026

N.SATHISH KUMAR J. AND K.RAJASEKAR J. nsd HCP No. 839 of 2026 28-09-2026

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