HCP No. 2192 of 2025 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-06-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2192 of 2025 M.Gopi ..Petitioner(s) Vs 1. State of Tamil Nadu, Rep.by, The Additional Chief Secretary to Government, Home, Prohibition and excise Department Fort St.George, Chennai-600 009. 2. The Commissioner of Police, Greater Chennai, O/o. The Commissioner of Police, Vepery, Chennai. 3. The Superintendent of Prison Central Prison, Puzhal, Chennai-600 066. 4. The Inspector of Police, P-4 Basin Bridge Police Station, Chennai. ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records relating to https://www.mhc.tn.gov.in/judis HCP No. 2192 of 2025 __________ the detention order passed by the 2nd respondent in No.705/BBCDEFGISSSV/2025 on 18.09.2025 against the petitioner’s son TYSON alias PRASANTH S/O.GOPI male aged about 26 years the detenue herein now confined in Central Prison, Puzhal, Chennai and to set aside the detention order and direct the respondent to produce and physically bring the body of the detenue before this Court and set him at liberty. For Petitioner(s): Mr.T.I.Ramanathan For Respondent(s): Mr.C.R.Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side) ORDER (Order of the Court was made by Sunder Mohan J.) 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. https://www.mhc.tn.gov.in/judis HCP No. 2192 of 2025 __________ 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. https://www.mhc.tn.gov.in/judis HCP No. 2192 of 2025 __________ 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. (A.S.M.,J.) (S.M.,J.) 02-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue Order Copy today ars https://www.mhc.tn.gov.in/judis HCP No. 2192 of 2025 __________ To 1. The Additional Chief Secretary to Government, State of Tamilnadu, Home, Prohibition and excise Department Fort St.George, Chennai-600 009. 2. The Commissioner of Police, Greater Chennai, O/o.Commissioner of Police, Vepery, Chennai. 3. The Superintendent of Prison Central Prison, Puzhal, Chennai-600 066. 4. The Inspector of Police, P-4 Basin Bridge Police Station, Chennai. 5. The Joint Secretary, Law and Order Department, Secretariat, Chennai 6. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis HCP No. 2192 of 2025 __________ DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. ars HCP No. 2192 of 2025 02-06-2026 https://www.mhc.tn.gov.in/judis