Devi v. The Government of Tamilnadu Rep.By Its Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) One Sathishkumar @ Kutta Sathish, S/o. Thangam, aged 20 years, has suffered an order of detention dated 16.10.2025 and his mother has approached this Court seeking to set aside the detention order.

¶2We have heard both learned counsel for the petitioner as well as learned counsel for Government of Tamil Nadu (criminal side) for the respondents.

¶3Learned counsel appearing on behalf of the petitioner has raised various grievances as against the impugned order of detention. Firstly, he points out that the Special Report that forms an important basis for the grounds of detention, is not even dated.

¶4We have perused the Special Report which is placed at page 119 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.

¶5The 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. That apart, in the absence of a date, the proximity of the document to the incriminating events is also lost, and to this extent, there is a snappage of the link between that document and the other events.

¶6Further in Rekha Vs. State of Tamil Nadu through Secretary to Government and another (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.

¶7Secondly, the bail order relied upon by the authorities is not similar, in that, while the offence alleged is one and the same, there has been recovery of portion of the amount, which also persuaded that authority to grant bail.

¶8In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No. 797/BBCDEFGISSSV/2025 dated 16.10.2025 is set aside.

¶9The detenu, viz., Sathishkumar @ Kutta Sathish, S/o. Thangam, aged 20 years, 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.) 06-07-2026 Index: Yes/No Speaking order SSM Note to Registry: Issue Today. To

¶1The Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.

¶2The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 08.

¶3The Superintendent, Central Prison, Puzhal, Chennai - 600 066.

¶4The Inspector of Police, L and O, R-10, MGR Nagar Police Station, Chennai.

¶5The Joint Secretary to Government Public (Law and Order), Fort St.George, Chennai – 9.

¶6The Public Prosecutor, High Court, Madras. DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM 06-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Devi W/o. Thangam, Ambedkar Colony, Behind R.T.O.Office, K.K.Nagar, Chennai - 78. ..Petitioner(s) Vs 1. The Government of Tamilnadu Rep.by its Additional Chief Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 08. 3. The Superintendent, Central Prison, Puzhal, Chennai - 600 066. 4. Inspector of Police, L and O, R-10, MGR Nagar Police Station, Chennai. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to calling for records relating to the proceedings of the 2nd respondent in B.B.C.D.E.F.G.I.S.S.S.V.No.797/2025 dated 16.10.2025 against the petitioner's son Sathishkumar @ Kutta Sathish, male, aged about 20, S/o. Thangam and quash the same and consequently direct the respondents herein to produce the detenu who is detained under the Tamil Nadu Act 14 of 1982 currently confined the Central Prison, Puzhal before this Hon'ble Court and set him at Liberty. For Petitioner(s): Ms.S.Rohini for Mr.G.Pandian For Respondent(s): Mr.C.R.Malarvannan Counsel For Government Of Tamil Nadu (criminal Side)