K.Sanjay Kumar @ Sanjay @ Ravi v. The State of Tamil Nadu Rep by

ORDER (Made by Dr. ANITA SUMANTH, J.) One K.Sanjay Kumar @ Sanjay @ Ravi, aged 36 years, S/o Kaluram, has suffered an order of detention dated 08.05.2025 and he himself has approached this Court seeking to set aside the detention order.

2.Learned counsel appearing on behalf of the petitioner has raised various grievances as against the impugned order of detention. He also points out that the Special Report that forms an important basis for the grounds of detention, is not even dated.

3.We have heard both learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

4.We have perused the Special Report which is placed at pages 103 and 104 of the booklet furnished. As rightly pointed out, we find the same undated. Insofar as the Special Report is one of the important documents, based on which the decision to detain the petitioner has been taken, the same ought to have been dated, to establish credibility. The absence of even basic details such as a date, vitiates the same.

¶5The subjective satisfaction of the detaining authority is hence vitiated on this aspect, and non-application of mind is writ large in the matter.

¶6In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in BCDFGISSSV No.47/2025, dated 08.05.2025 is set aside.

¶7The detenu, viz., K.Sanjay Kumar @ Sanjay @ Ravi, S/o. Kaluram, aged 36 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.]

07.04.2026 Speaking order vs Note : Issue Today To

1.The Additional Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Tambaram City, Sholinganallur, Chennai – 600 119.

3.The Superintendent of Prison, Central Prison II, Puzhal, Chennai – 600 066.

4.The Inspector of Police, T-8 Guduvanchery Police Station, Chengalpattu District.

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

6.The Public Prosecutor, High Court, Madras. DR. ANITA SUMANTH,J. and SUNDER MOHAN,J. vs H.C.P.No. 2680 of 2025

07.04.2026

2026:MHC:1387 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.04.2026 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE SUNDER MOHAN K.Sanjay Kumar @ Sanjay @ Ravi (M/A.36 Years) S/o. Kaluram, Rampura Village, Thasil Oon, Ginjana Post, Shamili District, Uttar Pradesh. Presently at Central Prison II, Puzhal, Chennai – 600 066. .. Petitioner vs 1.The State of Tamil Nadu Rep. by its Additional Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009. 2.The Commissioner of Police, Tambaram City, Sholinganallur, Chennai – 600 119. 3.The Superintendent of Prison, Central Prison II, Puzhal, Chennai – 600 066. 4.The Inspector of Police, T-8 Guduvanchery Police Station, Chengalpattu District. .. Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus calling for the records relating to the detention order in Memo No.47/BCDFGISSSV/2025 dated 08.05.2025 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner K.Sanjay Kumar @ Sanjay @ Ravi, S/o. Kaluram, aged about 36 years the detenu now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner K.Sanjay Kumar @ Sanjay @ Ravi, S/o. Kaluram, aged about 36 years the detenu herein at liberty. For Petitioner : Mr.J.Deva For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John