Nandhini v. The Addl. Chief Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The wife of the detenu – Paramasivam, aged 35 years, S/o.Shanmugavel, has filed this petition challenging the detention order dated 26.10.2025, 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.

¶3It is seen that the translated copy of the relevant documents namely, the Arrest Intimation Form, 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, Page3 of 6 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 detenu's detention illegal.

4.That apart, in the grounds of detention, the detaining authority has stated that the detenu has not moved a bail application in the present case. However, he has observed that there is a strong chance of him coming out on bail by filing a bail application. Admittedly, there was no material placed before the detaining authority that the detenu or his relatives were taking steps to file a bail application. In such circumstances, inference of the detaining authority that the detenu is likely to file a bail application and come out on bail is his mere ipse dixit. Since the satisfaction arrived at by the detaining authority is without basis, the conclusion that the detenu would indulge in further criminal activities, is vitiated. For both the reasons, the detention order is liable to be quashed. Page4 of 6

6.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order. No.40/2025 dated 26.10.2025 is set aside.

¶7The detenu, viz.,

Paramasivam, aged 35 years, S/o.Shanmugavel, now confined in Central Prison-II, Puzhal, Chennai – 600 066, is 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 Addl. Chief Secretary to the Government Home, Prohibition and Excise (XVI ) Department, Secretariat, Chennai - 600 009. Page5 of 6

¶2The District Collector and District Magistrate, Thirvallur District, Thiruvallur.

¶3The Inspector of Police, PEW Gummidipoondi Unit.

¶4The Superintendent of Prison Central Prison, Puzhal.

¶5The Joint Secretary, Law and Order Department, Secretariat, Chennai

¶6The Public Prosecutor, High Court, Madras. HCPoNo.o2424oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. TSG HCPoNo.o2424oofo2025 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 Nandhini ..Petitioner(s) Vs 1. The Addl. Chief Secretary to the Government Home, Prohibition and Excise (XVI ) Department, Secretariat, Chennai 600 009. 2. The District Collector and District Magistrate, Thirvallur District, Thiruvallur. 3. The Inspector of Police, PEW Gummidipoondi Unit. 4. The Superintendent of Prison Central Prison, Puzhal. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Habeas Corpus, calling for the entire records connected with the detention order in Detention No. 40/2025 on 26.10.2025 on the file of the Respondent No.2 and quash the same and direct the respondents to produce petitioner husband one named Page2 of 6 Paramasivam S/o.Sanmugavel aged about 35 years now confined at Central Prison, Puzhal before this Court and set him at liberty forthwith. For Petitioner(s): Mr. P. Raman for M/s.J.Ganapathi For Respondent(s): Mr.C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)