Rabindra Swain vs The Secretary To The Government
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Madras High Court

Rabindra Swain vs The Secretary To The Government on 20 April, 2026

Author: Anita Sumanth

Bench: Anita Sumanth

                                                                               HCP No. 2602 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED: 20-04-2026
                                                    CORAM
                                   THE HON'BLE DR.JUSTICE ANITA SUMANTH
                                                      AND
                                   THE HON'BLE MR.JUSTICE SUNDER MOHAN
                                              HCP No. 2602 of 2025
                Rabindra Swain
                S/o. Gobind Swain,
                A-Kodala,
                Dhanurjayapur,
                Digapada,
                Ganjam Kodala,
                Odisha State.
                                                                                  ..Petitioner(s)
                                                       Vs
                1. The Secretary to the Government,
                   Home Prohibition and Excise Department,
                   Secretariat, Chennai – 600 009.

                2. The Commissioner of Police
                   Tambaram City.

                3. The Superintendent of Prison
                   Central Prison, Puzhal.

                4. The Inspector of Police
                   Tambaram PEW,
                   Tambaram City.

                                                                               ..Respondent(s)

                Prayer: This Habeas Corpus Petition is filed under Article 226 of the
                Constitution of India, to issue a WRIT OF HABEAS CORPUS or any other
                Writ or Order in the nature of Writ to call for the records in connection with the
                order of Detention passed by the second respondent 22.08.2025 in
                BBCDEFGISSSVNo.102 of 2025 against petitioner’s Brother G.Alok Swain,

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                                                                               HCP No. 2602 of 2025


                Male aged 23 years, S.o Gobind Swwain who is confined at Central Prison,
                Puzhal, and set aside the same and direct the respondents to produce the detenue
                before the Hon’ble Court and set him at Liberty.


                              For Petitioner(s):      Mr. P. Raman
                                                      for Mr.D.Balaji
                              For Respondent(s):      Mr. R. Muniyapparaj,
                                                      Additional Public Prosecutor
                                                      asst. by Mr.M.Sylvester John

                                                      ORDER

(Order of the Court was made by Sunder Mohan J.)

The brother of detenu – G.Alok Swain, S/o. Gobind Swain, aged 23

years, has filed this petition challenging detention order dated 22.08.2025

branding him as ‘Drug Offender’ under Section 2(e) of the Tamil Nadu

Preventive Detention Act, 1982 (Act 14/1982).

2. We have heard learned counsel for petitioner and learned Additional

Public Prosecutor for respondents.

3. We find on perusal of the record and on hearing the submissions on

either side that the impugned order cannot be sustained since the special report

sent by the sponsoring authority is undated. The detention order has been

passed on the report of the sponsoring authority. The compelling necessity to

detain the detenu would depend on the date on which the sponsoring authority

has sent his report. In the absence of the said date, the special report would

become irrelevant and the compelling necessity to detain the detenu becomes

doubtful.

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4. Further in 'Rekha Vs. State of Tamil Nadu through Secretary to

Government and another' reported in '2011 [5] SCC 244', the Hon’ble

Supreme Court had held that where the detention order is passed on any

irrelevant material, then, the detention order is liable to be quashed. Therefore,

we are of the view that for the aforesaid reasons the impugned detention order is

liable to be set aside.

5. In light of the aforesaid discussion, this Habeas Corpus Petition is

allowed and the Detention Order passed by the second respondent in

BBCDEFGISSSV No.102/2025 dated 22.08.2025 is set aside.

6. The detenu, viz., G.Alok Swain, S/o. Gobind Swain, aged 23 years,

who is now confined in Central Prison, Puzhal, Chennai, is hereby 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.) 20-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

TSG

Note: Issue order copy on 20.04.2026

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To

1. The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai – 600 009.

2. The Commissioner of Police Tambaram City.

3. The Superintendent of Prison Central Prison, Puzhal.

4. The Inspector of Police Tambaram PEW, Tambaram City.

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DR.ANITA SUMANTH, J.

AND SUNDER MOHAN, J.

TSG

20-04-2026

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