Raj v. The State of Tamil Nadu, the Additional Chief Secretary to Government,(Home),

2026:MHC:1651 Page1 of 7 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 AND HCP NO. 2165 OF 2025 Raj S/o. Periyasamy, No.1/141, Meala Street, Muthanchetti, Namakkal District. ..Petitioner(s) Vs

¶1The State of Tamil Nadu, The Additional Chief Secretary to Government,(Home), Prohibition and Excise Departament, Secretariat, Chennai-600 009

¶2The District Magistrate and the District Collector, Namakkal, Namakkal District.

¶3The Superintendent Police Namakkal District. Namakkal.

¶4The Superintendent of Prison, Central Prison, Salem District.

¶5The Inspector of Police, PEW-Namakkal Police Station, Namakkal District. ..Respondent(s) Page2 of 7 HCP No. 2165 of 2025 Gowri W/O Thalamuthu, 24, Bharathiyar 1st Street, K.Pudhur, Madurai District. ..Petitioner(s) Vs

¶1Additional Chief Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Fort.St.George, Chennai - 600009.

¶2The District Magistrate cum District Collector Office of the The District Magistrate and District Collector, Namakkal District.

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

¶4The Inspector Of Police P.E.W. Namakkal Police, Namakkal District. ..Respondent(s) PETITION filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records pertaining to the order or detention passed in his proceedings in C.M.P.No.79/Drug Offender/2025/M1 dated on 13.09.2025 passed by the 2nd respondent and set aside the same and directing the respondents to produce the petitioners son by name in Logesh son of Raj aged about 23 years before this Honble Court now Page3 of 7 confined in Central Prison, Salem and set him at liberty and pass such further or other orders which deem fit and proper and thus render Justice. HCP No. 2165 of 2025 PETITION filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records in detention order No.C.M.P.No.80/Drug Offender/2025/M1 Dated on 16.09.2025 and T.P.D.A.No.7234, Dated 17.09.2025 issue a writ, order or direction more particularly in the nature of WRIT OF HABEAS CORPUS or any other order or direction and set aside the same and direct the respondents herein to produce the detenue Sivaprakash aged 24 years, s/o.Thalamuthu, who has been terms as Durg Offender now confined in Central Prison, Salem before this Honourable Court and set the detenue at liberty. For Petitioner(s): Mr.M.Arun Raja for Mr.C.Deepakkumar (HCP No.2073 of 2025) Mr.S.Sivaprakash (HCP No.2165 of 2025) For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John (in both HCPs) Page4 of 7 C O M M O N O R D E R (Order of the Court was made by Dr.Anita Sumanth J.) The father of the detenu –Logesh, S/o. Raj (HCP.No.2073 of 2025) and mother of the detenu, Sivaprakash, S/o. Thalamuthu (HCP.No.2165 of 2025), both branded as Drug Offender and confined in Central Prison, Salem, under detention orders dated 13.09.2025 and 16.09.2025, have challenged the orders of detention in these HCPs. Both the detenus are co-accused in Crime No.236 of 2025 and they have been found in possession of 17 Kgs of ganga, which is an intermediate quantity.

¶2Heard Mr.M.Arun Raja, learned counsel appearing for Mr.C.Deepakkumar, learned counsel on record for the petitioner in HCP No.2073 of 2025, Mr.S.Sivaprakash, learned counsel for the petitioner in HCP No.2165 of 2025 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the respondents.

¶3Neither the detenus nor their relatives have moved bail application at all and hence the ground that appeals to us is that the subjective satisfaction of the detaining authority that there is a possibility of the detenus coming out on bail is vitiated for lack of any material whatsoever to support the same.

¶4In light of the above, these Habeas Corpus Petitions are allowed and the Detention Orders passed by the second respondent in C.M.P.No.79/Drug Page5 of 7 Offender/2025/M1 dated on 13.09.2025 and C.M.P.No.80/Drug Offender/2025/M1 dated on 16.09.2025, are set aside.

¶5The detenus, viz., Logesh, S/o Raj, aged 23 years, confined in Central Prison, Salem and Sivaprakash, S/o. Thalamuthu, aged 24 years, confined in Central Prison, Salem, are directed to be set at liberty forthwith unless their presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 29-04-2026 Index: Yes/No Speaking order SL Note: Issue today. To

¶1The State of Tamil Nadu, The Additional Chief Secretary to Government,(Home), Prohibition and Excise Departament, Secretariat, Chennai-600 009.

¶2The District Magistrate and the District Collector, Namakkal, Namakkal District.

¶3The Superintendent Police Namakkal District, Namakkal.

¶4The Superintendent of Prison, Central Prison, Salem District.

¶5The Inspector of Police, PEW-Namakkal Police Station, Namakkal District. Page6 of 7

¶6The Public Prosecutor, High Court, Madras

¶7The Joint Secretary to Government Public (Law and Order), Secretariat, Fort St.George, Chennai – 9. HCPoNo.o2073oofo2025 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. SL HCPoNo.o2073oofo2025 AND HCPoNO.o2165oOFo2025 29-04-2026 Page7oofo7