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M.Gopi vs State of Tamil Nadu And Others

Madras High Court · Decided on 2 June 2026 · Citation: (2026) 06 MAD CK 0062

HON’BLE JUDGES
Dr. Anita Sumanth, J · Sunder Mohan, J
ACTS & SECTIONS REFERRED
Tamil Nadu Preventive Detention Act, 1982 — Section 2(e) · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8(c), 20(b)(ii)(B) · Arms Act, 1959 — Section 25(1)(a) · Code Of Criminal Procedure, 1973 — Section 167(2)
RESULT
Allowed
CASE NUMBER
Habeas Corpus Petition No. 2192 Of 2025
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Judgment

7 paragraphs · 349 words

Sunder Mohan, J

1.

The father of the detenu - Tyson alias Prasanth, S/o.Gopi, aged 26 years, has filed this petition challenging the detention order dated 18.09.2025, branding him as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

2.

We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.

3.

It is seen from the grounds of detention that the detaining authority has relied upon an order passed in Crl.MP.No.5272 of 2023 by the learned Principal Special Judge for EC and NDPS Act Cases, Chennai-104 to arrive at a conclusion that in similar cases bail has been granted by the Courts and that therefore, the detenu is likely to be released on bail by filing the bail application.

4.

In the ground case, the offence alleged against the detenu is under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act and 25(1)(a) of the Arms Act, 1959. In the order relied upon by the detaining authority, it is seen that the Special Court had granted bail under Section 167(2) Cr.P.C., since the final report was not filed within the statutory period and not on merits. Further, the offences alleged against the accused therein is only under Section 8(c) r/w 20(b)(ii)(B) of the NDPS Act. 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. Hence, the detention order is liable to be quashed.

5.

In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.705/BBCDEFGISSSV//2025 dated 18.09.2025 is set aside.

6.

The detenu, viz., Tyson alias Prasanth, S/o.Gopi, aged 26 years, 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.