Pavin v. The Additional Chief Secretary to Government,

ORDER (Order of the Court was made by Sunder Mohan J.) The detenu - Pavin, aged 22 years S/o.Ramesh, has filed this petition challenging the detention order dated 22.10.2025, 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.

¶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. Page3 of 6

¶4In the grounds of detention, the detaining authority has stated that the detenu had filed a bail application in Crl.M.P.No.6445 of 2025 before the Principal Special Judge for Essential Commodities and Narcotic Drugs and Psychotropic Substances Act Cases, Chennai – 104, and the same was pending; and that in a similar case, bail was granted by the Court of the Principal Special Judge for Essential Commodities and Narcotic Drugs and Psychotropic Substances Act Cases, Chennai in Crl.M.P.No.1842 of 2020 on 15.12.2020.

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, there is no reference to the previous cases pending as against the accused therein, whereas, in this case, the detenu has three adverse cases. Further, in the case relied upon by the Detaining Authority, the contraband seized by the authority was not produced before the Court. Therefore, the reliance placed by the detaining authority on the said order, vitiates his subjective satisfaction as regards the possibility of the detenu coming out on bail. Hence, 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 BBCDEFGISSSV No.832/2025 dated 22.10.2025, is set aside.

¶7The detenu, viz., Pavin, aged 22 years S/o.Ramesh, who is now confined in Central Prison, Puzhal, Chennai, 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.) 23-06-2026 Index: Yes/No Speaking/Non-speaking order TSG Note: Issue order copy today. To

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

¶2The Commissioner of Police, Page5 of 6 Greater Chennai.

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

¶4The Inspector of Police, R-4 Soundarapandiyanar Angadi Police Station, T.Nagar.

¶5The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.o2397oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. TSG HCPoNo.o2397oofo2025 23-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Pavin ..Petitioner(s) Vs 1. The Additional Chief Secretary to 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, R-4 Soundarapandiyanar Angadi Police Station, T.Nagar. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 22.10.2025 in BBCDEFGISSSV No.832/2025 against Petitioner PAVIN, Male aged 22 years S/o. Ramesh, Who is confined at Central Prison, Puzhal and set aside the same and direct the respondent to produce the detenu before this Court and set him at liberty. Page2 of 6 For Petitioner(s): Ms. J.K. Madhumathi for Mr.A.Tamilselvan For Respondent(s): Mr. C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)