Nandhini v. The Principal Secretary to the Government

ORDER (made by N.Sathish Kumar J.) The petitioner, who is the wife of the detenu Vijaipandi, S/o.Ganesan, aged 26 years, has come forward with this petition challenging the detention order passed by the second respondent dated 19.02.2026 bearing reference Memo Cr.M.P.No.19/Drug Offender/2026 C1 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. Page3 of 6

¶3Though 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 satisfaction regarding imminent possibility of detenu being enlarged on bail while passing the impugned order of detention.

¶4The learned counsel for the petitioner submitted that the detenu was arrested and remanded to judicial custody in connection with the ground case and the bail application filed by the detenu in respect of the ground case was dismissed on 10.02.2026 and thereafter, the detenue has not moved any bail application in respect of the ground case and therefore, there is no real possibility of the detenu coming out on bail in the near future. However, 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 in Crl.M.P.No.2060 of 2024.

¶5In this regard, the learned counsel drew the attention this Court to the order in Crl.M.P.No.2060 of 2024, which is enclosed at Page No.7 in Volume II of the booklet. A perusal of the said order shows that the there was no previous case pending against the accused therein, whereas, there are ten previous cases pending against the detenu herein and therefore, the subjective Page4 of 6 satisfaction arrived at by the detaining authority regarding the imminent possibility of detenu being enlarged on bail shows clear non-application of mind. Therefore, the impugned preventive detention order deserves to be dislodged. In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent dated 19.02.2026 in Memo Cr.M.P.No.19/Drug Offender/2026 C1 is hereby set aside and the detenu viz. Vijaipandi, S/o.Ganesan, aged 26 years, 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 nsd Page5 of 6 To

¶1The Principal Secretary To The Government Home Prohibition and Excise Department, Secretariat, Chennai – 600009.

¶2The District Magistrate and District Collector Erode District.

¶3The Superintendent of Police Erode District.

¶4The Superintendent of Prison Central Prison - Coimbatore. Coimbatore District.

¶5The Inspector Of Police Karungalpalayam Police Station, Erode.

¶6The Public Prosecutor, Madras High Court, Chennai. HCPoNo.o517oofo2026 N.SATHISHoKUMARoJ. AND K.RAJASEKARoJ. nsd HCPoNo.o517oofo2026 19-08-2026 Page6oofo6

Page1 of 6 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 Nandhini D/o Moorthi, D.No.6/5, Kamarajar Veethi, Soorampatti, Erode. ..Petitioner(s) Vs 1. The Principal Secretary To The Government Home Prohibition and Excise Department, Secretariat, Chennai – 600009. 2. The District Magistrate and District Collector Erode District. 3. The Superintendent of Police Erode District. 4. The Superintendent of Prison Central Prison - Coimbatore. Coimbatore District. 5. The Inspector Of Police Karungalpalayam Police Station, Erode. ..Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu act 14 of 1982 vide detention order dated 19.02.2026 on the file of the second respondent herein Page2 of 6 made in proceedings Cr.M.P.No.19/Drug Offender/2026 C1, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband viz. Vijaipandi, S/o.Ganesan, aged 26 years, before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison, Coimbatore. For Petitioner(s): Mr.W.Camyles Gandhi For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.Side)