[Cites 2, Cited by 0]
Madras High Court
Aswini vs The Principle Secretary To The ... on 16 April, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
H.C.P.No.2139 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2026
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
H.C.P.No.2139 of 2025
Aswini, F/24,
D/o. Ayyappan,
No.25, Ganapathi Nagar,
Poothur, Mappedu Post,
Thiruvanchery Kanchipuram District. .. Petitioner
vs
1.The Principal Secretary to the Government,
Home, Prohibition & Excise (XVI) Department,
Secretariat, Chennai-600 009.
2.Commissioner of Police
Tambaram City.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai District.
4.The Inspector of Police,
T-15, Kannagi Nagar Police Station,
Chennai District. .. Respondents
Prayer : Petition filed under Article 226 of Constitution of India praying
for issuance of Writ of Habeas Corpus calling for the entire records
connected with the detention order in No.108/BBCDEFGISSSV/2025 on
29.08.2025 on the file of the Respondent No.2 and Quash the same and
direct the Respondents to produce petitioner husband one named
1/5
https://www.mhc.tn.gov.in/judis
H.C.P.No.2139 of 2025
Mr.J.Natarajan S/o. Jeeva aged about 28 years now confined at Central
Prison, Puzhal before this Hon’ble Court and set him at liberty forthwith.
For Petitioner : Mr.M.Mohamed Saifulla
for Mr.P.Muthamizh Selvakumar
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
ORDER
(Made by SUNDER MOHAN, J.)
The wife of the detenu has challenged the detention order dated
29.08.2025 branding him as a ‘drug offender’.
2.We have heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor.
3.We find that the impugned order is liable to be set aside on the
sole ground that the special report of the sponsoring authority is undated.
We have held repeatedly that an undated special report cannot be the
basis for passing the order of detention.
4.We also find that the detenu had not moved any bail application
and the detaining authority had relied upon an order passed in
Crl.M.P.No.9007 of 2023 dated 28.11.2023 passed by the learned
Principal Special Court for NDPS Cases to infer that the detenu is likely
to be released on bail.
https://www.mhc.tn.gov.in/judis
5. We have perused the said order, we find that in that case bail was
granted because the police had not filed the final report within the time
prescribed under Section 167(2) of the Cr.P.C. That apart, according to
the respondent, the detenu has 37 previous cases. Hence, the subjective
satisfaction of the detaining authority that the detenu is likely to be
released on bail suffers from non-application of mind and hence, the
detention order is liable to set aside.
6.In light of the aforesaid discussion, this Habeas Corpus Petition
is allowed and the Detention Order passed by the second respondent in
No.BBCDEFGISSSV No.108/2025 dated 29.08.2025, is set aside.
7.The detenu, viz., J.Natarajan, S/o. Jeeva, aged 28 years, who is
now confined in Central Prison, Puzhal, Chennai, is directed to be set at
liberty forthwith unless his presence is required in connection with any
other case.
[A.S.M, J.] [S.M, J.]
16.04.2026
vs
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
Note to Registry: Issue Today.
https://www.mhc.tn.gov.in/judis
To
1.The Principal Secretary to the Government,
Home, Prohibition & Excise (XVI) Department,
Secretariat, Chennai-600 009.
2.The Commissioner of Police
Tambaram City.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai District.
4.The Inspector of Police,
T-15, Kannagi Nagar Police Station,
Chennai District.
5.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
6.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
DR. ANITA SUMANTH,J.
and
SUNDER MOHAN,J.
vs
16.04.2026
https://www.mhc.tn.gov.in/judis
