Meena v. The Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu – Devakumar, aged 28 years, S/o Rangan, has filed this petition challenging the detention order dated 06.10.2025, 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.

¶3The detention order is liable to be quashed for more than one reason. The Detaining Authority has observed that the detenu is likely to be released on bail since in a similar case in Crl.O.P.No.30267 of 2022 dated 19.12.2022, bail Page3 of 6 was granted to the accused. We find that the facts and the offences against the accused in that case are different. The offences alleged against the detenu are under Sections 8(c) r/w 20(b)(ii)(B), 22(b), 29(1) & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 123 & 278 of the Bharatiya Nyaya Sanhita – 2023 r/w 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Whereas, the offences alleged against the accused in Crl.O.P.No.30267 of 2022, are under Sections 8(c) r/w 20(b)(ii)(B), 22(b), 22(c), 25 & 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 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.

¶4That apart, it is seen that the translated copy of the Arrest Intimation Memo, has not been furnished to the detenu. Admittedly, the detenu is acquainted only with Tamil. It is well settled that if the document is not furnished in the language known to the detenu, his right to make effective representation would be denied. In 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413', the Hon'ble Supreme Court had held that non-supply of relevant documents in the language known to the detenu renders the detention illegal. For both the reasons, the detention order is liable to be quashed. Page4 of 6

¶6In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order No.37/2025 dated 06.10.2025 is set aside.

¶7The detenu, viz., Devakumar, aged 28 years, S/o Rangan, who is now confined in Central Prison-II, Puzhal, Chennai – 600 066, 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.) 24-06-2026 Index: Yes/No Speaking/Non-speaking order Note: Issue Order Copy today. dk Page5 of 6 To

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

¶2The District Magistrate and District Collector Master Plan Complex, Collector's Office, Thiruvallur District.

¶3The Superintendent of Police, Thiruvallur District.

¶4The Superintendent of Prison, Central Prison-II, Puzhal, Chennai.

¶5The Inspector Of Police PEW-R.K. Pet Police Station, Thiruvallur District.

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

¶7The Public Prosecutor, High Court of Madras. HCPoNo.2558oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. dk HCPoNo.o2558oofo2025 24-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Meena W/o.Devakumar, No.193, Perumal Kovil Street, Melakondaiyur Village, Thiruvallur District. ...Petitioner/Wife of the Detenue Vs 1. State of Tamil Nadu Rep. by the Secretary to Government, Home Prohibition and Excise Department, Fort St George, Chennai – 600009. 2. The District Magistrate and District Collector, Master Plan Complex, Collector's Office, Thiruvallur District. 3. The Superintendent of Police, Thiruvallur District. 4. The Superintendent of Prison, Central Prison - II, Puzhal, Chennai. 5. The Inspector of Police, PEW-R.K. Pet Police Station, Thiruvallur District. ...Respondents Page2 of 6 Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to the Detention Order No.37/2025 dated 06.10.2025, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's husband namely Devakumar S/o Rangan, aged 28 years, (who is presently under going detention in the Central Prison-II, Puzhal), before this Court and set him at liberty. For Petitioner: Mr.A.Tamilselvan For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)