Jamrul Sheik v. The Secreetary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The father of detenu - Oli Sheik, S/o.Jamrul Sheik, aged 22 years, has filed this petition challenging the detention order dated 23.09.2025, branding him as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

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

¶3Though several grounds have been raised, we are of the view that the detention order is liable to be quashed on the ground that the satisfaction of the detaining authority as regards the real possibility of the detenu coming out on bail suffers from non-application of mind.

¶4In the grounds of detention, the detaining authority has stated that the detenu had filed a bail application in Crl.MP.No.5895 of 2025 before the Principal Special Judge for Essential Commodities & Narcotic Drugs and Page3 of 5 Psychotropic Substances Act Cases, Chennai – 104 and the same is pending and that in a similar case, bail was granted by the Principal Special Judge for Essential Commodities & Narcotic Drugs and Psychotropic Substances Act Cases, Chennai – 104 in Crl.MP.No.5272 of 2023 on 27.07.2023.

5.The detaining authority ought to have seen whether the facts in the bail order relied upon by him was comparable to the facts of the instant case. In the order relied upon by the detaining authority, it is seen that the Special Court had granted bail under Section 167(2) Cr.P.C., since the final report was not filed within the statutory period and not on merits. Therefore, the reliance placed on the said order by the detaining authority to arrive at the satisfaction that there is a real possibility of the detenu coming out on bail is misconceived. The inference that the detenu would indulge in further criminal activities after his release also is without any basis. Hence, the detention order is liable to be quashed.

¶6In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.720/BBCDEFGISSSV/2025 dated 23.09.2025, is set aside.

¶7The detenu, viz., Oli Sheik, S/o.Jamrul Sheik, aged 22 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby directed to be set at Page4 of 5 liberty forthwith unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 02-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue order copy today TSG To

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

¶2The Commissioner of Police Greater Chennai.

¶3The Superintendent of Prison, Central Prison, Puzhal.

¶4The Inspector of Police, D-1, Triplicane Police Station, Chennai City.

¶5The Public Prosecutor, Madras High Court.

¶6The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St. George, Chennai – 9. HCPoNo.o2211oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. TSG HCPoNo.o2211oofo2025 02-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Jamrul Sheik ..Petitioner(s) Vs 1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2. The Commissioner of Police Greater Chennai. 3. The Superintendent of Prison, Central Prison, Puzhal. 4. The Inspector of Police, D-1, Triplicane Police Station, Chennai City. ..Respondent(s) Prayer: Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent 23.09.2025 in No.720/BBCDEFGISSSV/2025 against petitioner's son Oli Sheik, Male aged 22 years S/o.Jamrul Sheik who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. Page2 of 5 For Petitioner(s): Mr.P.Raman For Respondent(s): Mr. C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)