Deepak Kumar v. The Additional Chief Secretary to Government

ORDER (Order of the Court was made by N.Sathish Kumar J.) The petitioner, the father of the detenu Rishikumar, male, aged 23 years, S/o.Deepakkumar, has come forward with this petition challenging the detention order passed by the second respondent dated 31.01.2026 bearing proceedings No. 51/BBCDEFGISSSV/2026 slapped on his son branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

¶2Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.

3.Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for the petitioner confined his argument only with regard to non-application of mind on the part of the detaining authority in arriving at the subjective Page3 of 5 satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.

4.The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and one adverse case and the detaining authority, while passing the impugned detention order, arrived at the subjective satisfaction regarding imminent possibility of coming out on bail by relying on a bail order dated 23.01.2024 in Crl.M.P.No.10224 of 2023 in Crime No.235 of 2023 wherein bail was granted by this Court to one Nazeer Basha.

¶5In this regard, the learned counsel drew the attention of this Court to said order in Crl.M.P.No.10224 of 2023, which is enclosed at Page No. 44 of Volume II of the booklet. A careful perusal of the said order, brings to light that the said case is totally different as that of the instant case as there are two previous cases against the said accused and the detenu in the instant case has got one adverse case. Therefore, taking the said bail order as a basis for arriving at subjective satisfaction regarding the imminent possibility of detenu being enlarged on bail is clearly vitiated. Therefore, the impugned preventive detention order deserves to be dislodged. Page4 of 5

¶6In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 31.01.2026 bearing reference Memo No.51/BBCDEFGISSSV/2026 is hereby set aside. The detenu viz., Rishikumar, male, aged 23 years, S/o.Deepakumar is directed to be set at liberty forthwith unless he is required in connection with any other case. (N.S.K.,J.) (K.R.S.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order gpa To

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

¶2The Commissioner of Police Greater Chennai Police.

¶3The Superintendent of Prison Central Prison, Puzhal, Chennai -66.

¶4The Inspector of Police H-3, Tondiarpet Police Station, Chennai.

¶5The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai – 9

¶6The Public Prosecutor High Court, Madras. HCPoNo.o426oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. gpa HCPoNo.o426oofo2026 19-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Deepak Kumar S/o.Nagarajan, ..Petitioner(s) Vs 1. The Additional Chief Secretary to Government Home Prohibition and Excise Dept., Secretariat, Chennai 600 009. 2. The Commissioner of Police Greater Chennai Police. 3. The Superintendent of Prison Central Prison, Puzhal, Chennai -66. 4. The Inspector of Police H-3, Tondiarpet Police Station, Chennai. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of Constitution of India to call for the records in connection with the order of detention passed by the 2nd respondent dated 31.01.2026 in Memo No. 51/BBCDEFGISSSV/2026 against the petitioner's son namely Rishi Kumar, male aged 23 years, S/o.Deepak Kumar, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before the Page2 of 5 Court and set him at liberty. For Petitioner(s): Mr.G.S.Mani For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side)