Ramvrikash Singh v. State of Tamilnadu Rep. by the Principal Secretary to Government

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) Raushan Kumar, S/o. Ramvrikash Singh, has been branded as a 'Drug Offender' and detained, under order dated 03.09.2025 in Central Prison, Coimbatore. His father is aggrieved by the order of detention and seeks quash of the same.

¶2We have heard both learned counsel for the petitioner and learned Additional Public Prosecutor for respondents.

¶3We are inclined to set aside the order of detention on the ground that the subjective satisfaction of the detaining authority is not based on any credible materials. He notes in the order of detention that there is every chance that the detenu will be enlarged on bail. However, he does not cite any materials on the basis of which he has arrived at such a subjective satisfaction. In fact, the order of detention is silent in this regard.

¶4Normally, in order to support the subjective satisfaction, some materials, such as, statements of relatives must be available on record. This is a case where the absence of such materials is conspicuous. Hence we are of the considered view that the subjective satisfaction is vitiated for non-application of mind and the order of detention is liable to be set aside and we do so.

¶5In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C.No. 54/D.O/IS/Tiruppur City/2025 dated 03.09.2025 is set aside.

¶6The detenu, viz., Raushan Kumar, S/o. Ramvrikash Singh, aged 20 years, now confined in Central Prison, Coimbatore, 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.) 29-04-2026 Index: Yes/No Speaking order ssm Note to Registry: Issue today. To

¶1The Principal Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

¶2The Commissioner of Police/Detaining Authority City Police Office, No. 213/9-3, Avinashi Road, Kumar Nagar, Tiruppur City, Tiruppur - 641 603.

¶3The Superintendent of Prison Central Prison, Coimbatore, Coimbatore District.

¶4The Inspector of Police Veerapandi police Station, Tiruppur City.

¶5The Public Prosecutor, High Court of Madras.

¶6The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St.George, Chennai -9. HCPoNo.o2101oofo2025 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. ssm HCPoNo.o2101oofo2025 29-04-2026 Pageo5oofo5

2026:MHC:1645 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Ramvrikash Singh S/o. Shibu Singh, Mukundpur Garahi, Desri, Vishali, Bihar State- 844504. ..Petitioner(s) Vs 1. State of Tamilnadu Rep. by The Principal Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009. 2. The Commissioner of Police/Detaining Authority, City Police Office, No. 213/9-3, Avinashi Road, Kumar Nagar, Tiruppur City, Tiruppur - 641 603. 3. The Superintendent of Prison Central Prison, Coimbatore, Coimbatore District. 4. The Inspector of Police Veerapandi police Station, Tiruppur City. ..Respondent(s) Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Habeas Corpus or any other appropriate Writ, or order, or direction, in the nature of the writ, to call for the records relating to the detention order vide C.No. 54/D.O/IS/Tiruppur City/2025 dt. 03.09.2025 passed by the 2nd respondent and quash the same and direct the respondents herein to produce the petitioner's son namely Raushan Kumar, S/o. Ramvrikash Singh, aged 20 years (who is presently under going detention in the Central Prison, Coimbatore) before this Court and set him at liberty For Petitioner(s): Mr.M.N.Balakrishnan For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John