Subha v. State of Tamilnadu Rep.By, Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The mother of the detenu - Surya @ Vellai Surya, S/o.Desappan, aged 23 years, has filed this petition challenging the detention order dated Page3 of 8

12.11.2025, branding him as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard the learned counsel for the petitioner and the learned counsel for the Government of Tamil Nadu (Criminal Side) for respondents.

¶3The Detention Order is liable to be quashed for more than one reason. It is seen from the grounds of detention that the detenu is in remand and he had not filed any bail application. However, the detaining authority has relied upon a statement said to have been made by the mother of the detenu, under Section 180(3) of the BNSS that she is taking steps to file a bail application.

¶4On 03.03.2026, in HCP Nos. 2129, 2179 and 2340 of 2025, we had held that the unsigned statement cannot be relied upon to infer that the detenu is likely to file bail application. We had reiterated and clarified this view in a subsequent case, i.e., HCP No.2356 of 2025 dated

22.06.2026, after we were informed that our view was held to be per Page4 of 8 incuriam by a Co-ordinate Bench of this Court in HCP (MD) N0.369 of 2026 dated 19.06.2026. We have held that only a signed statement of a relative can be relied upon by the detaining authority to satisfy himself as regards the possibility of the detenu filing a bail application and that a Section 180(3) of BNSS statement cannot be the basis for such a satisfaction.

¶5Therefore, the reliance placed on the said statement recorded under Section 180(3) of BNSS, by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. Thus, the inference that the detention is warranted since the detenu is likely to indulge in further criminal activities after his release on bail is based on the said wrong premise.

6.That apart, in the grounds of detention, the detaining authority has stated that the detenu is in remand in Crime No.289/2025, on the file of the fourth respondent herein; that in a similar case, bail was granted to other accused by the Court of the Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai - 104, in Page5 of 8 Crl.M.P.No.1414 of 2021 dated 04.06.2021; and that therefore, there is likelihood of the detenu coming out on bail, by filing appropriate bail application.

7.The detaining authority ought to have seen whether the facts in the bail orders relied upon by him was comparable to the facts of the cases against the detenu. In the order relied upon by the detaining authority, there were no previous cases pending as against the accused therein, whereas, in this case, the detenu has twenty three previous cases. Therefore, the reliance placed by the detaining authority on the said order in Crl.M.P.No.1414 of 2021 dated 04.06.2021, vitiates his subjective satisfaction as regards the possibility of the detenu coming out on bail. For the aforesaid reasons, the detention order is liable to be quashed.

¶8In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.931/BBCDEFGISSSV/2025, dated 12.11.2025, is set aside. Page6 of 8

¶9The detenu, viz., Surya @ Vellai Surya, S/o.Desappan, 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.) 20-07-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today. dk To

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

¶2The Commissioner of Police, Greater Chennai City Police,

¶3The Superintendent of Prison, Central Prison Puzhal, Page7 of 8

¶4The Inspector of Police, N-4 Fishing Harbour Police Station,

5.The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.213oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o213oofo2026 20-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 213 of 2026 Subha W/o.Desappan, No.Indra Nagar Hutment area, Kasimedu, Chennai - 600 013. ...Petitioner/Mother of Detenue Vs 1. State of Tamil Nadu represented, By Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009. 2. The Commissioner of Police Greater Chennai City Police, 3. The Superintendent of Prison, Central Prison Puzhal, Page2 of 8 4. State Rep. by Inspector of Police, N-4 Fishing Harbour, Police Station, ...Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records of the 2nd respondent pertaining to the order made in No.931/BBCDEFGISSSV/2025, dated 12.11.2025 in detaining the detenue under the Tamilnadu Act 14/1982 as a brand of DRUG OFFENDER and quash the same and direct the respondents to produce the detenue, the petitioner's son Surya @ Vellai Surya, (wrongly mentioned as Suriya @ Vellai Suriya in the petition), Son of Desappan, aged 23 years who is detained at the Central Prison Puzhal, Chennai, before this Court and set him at liberty. For Petitioner: Mr.S.Karthick For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)