HCP/1974/2025 of SUDHA Vs Additional Chief Secretary to the Government,

HCP No. 1974 of 2025 __________ Page 1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 1974 of 2025 Sudha ..Petitioner(s) Vs 1. The State of Tamilnadu, Rep. by Additional Chief Secretary to the Government, Home Prohibition and Excise Department, Fort.St.George, Chennai – 600 009. 2. The District Magistrate and District Collector, Erode District, Erode. 3. The Superintendent of Prison, Erode District. 4. The Superintendent of Prison, Central Prison, Coimbatore. 5. The Inspector of Police, PEW, Erode Town Police Station, Erode. ..Respondent(s) https://www.mhc.tn.gov.in/judis HCP No. 1974 of 2025 __________ Page 2 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 dated 06.09.2025 passed by the second respondent in his proceedings No.Cr.M.P.No.52/DRUG OFFENDER/2025 C1 and quash the same and direct the respondents herein to produce the petitioner’s H usband namely Senthilkumar, son of Ramasamy aged about 50 years, who is prese ntly under going detention in the Central Prison, Coimbatore, as Drug Off ender before this Court and set him at liberty. For Petitioner(s): Mr.C.S. Saravanan For Respondent(s): Mr. R.Muniyapparaj, Additional Public Prosecutor, Assisted By Mr. M.Sylvester John ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu - Senthilkumar, branded as ‘Drug Offender’ under Section 2(e) of the Tamil Nadu Act 14 of 1982, has filed this petition challenging the detention order dated 06.09.2025. 2.Heard the learned counsel for the petitioner and the learned Additi onal Public Prosecutor for the respondents. https://www.mhc.tn.gov.in/judis HCP No. 1974 of 2025 __________ Page 3 of 6 3. We find on perusal of the record and on hearing the submissions on either side, the impugned order cannot be sustained on the sole ground that the special report sent by the sponsoring authority is undated. The 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 da te, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful. 4. Further in 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '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. 5.Accordingly, this Habeas Corpus Petition is allowed and the Detent ion Order passed by the second respondent in Detention Order No.Cr.M.P.No.52/Drug Offender/2025 C1 dated 06.09.2025 is set aside. https://www.mhc.tn.gov.in/judis HCP No. 1974 of 2025 __________ Page 4 of 6 6.The detenu, viz., Senthilkumar, S/o. Ramasamy, aged 50 years, who is now confined in Central Prison, Coimbatore, is directed to be set a t liberty forthwith, unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 27-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue Order Today. Tsg To 1. The Additional Chief Secretary to the Government, Home Prohibition and Excise Department, Fort.St.George, Chennai – 600 009. 2. The District Magistrate and District Collector Erode District, Erode. 3. The Superintendent of Police Erode District, Erode. 4. The Superintendent of Prison Central Prison, Coimbatore. 5. The Inspector of Police PEW, Erode Town Police Station, Erode. https://www.mhc.tn.gov.in/judis HCP No. 1974 of 2025 __________ Page 5 of 6 6. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis HCP No. 1974 of 2025 __________ Page 6 of 6 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. Tsg HCP No. 1974 of 2025 27-04-2026 https://www.mhc.tn.gov.in/judis