2026:MHC:2531 HCP No. 2666 of 2025 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 2666 of 2025 Yamini D/o Robert, No.25, Mariamman Kovil Street, Keezhma Nagar, Poonamallee, Chennai. ..Petitioner(s) Vs 1. Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Fort.St.George, Chennai - 600009. 2. The Commissioner of Police Greater Chennai, Vepery, Chennai. 3. The Superintendent of Prison Central Prison - II, Puzhal, Chennai. 4. The Inspector Of Police G-3, Kilpauk Police Station, Chennai. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other Writ of direction calling for the https://www.mhc.tn.gov.in/judis 2026:MHC:2531 HCP No. 2666 of 2025 __________ records relating to the detention order in memo No.825/BBCDEFGISSSV/2025 dated 22.10.2025 passed by the 2nd respondent under the TN act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner’s brother Thiru.Jaisamraj, S/o Robert, aged about 38 years the detenue, now confined in Central Prison, Puzhal, Chennai before this Honourable Court and set the petitioner’s brother Jaisamraj S/o Robert aged about 38 years the detenu herein at liberty. For Petitioner(s): Mr.R.Muthukumar For Respondent(s): Mr.C.R.Malarvannan Counsel For Government Of Tamil Nadu (criminal Side) ORDER (Order of the Court was made by Dr.Anita Sumanth J.) One Jaisamraj, S/o. Robert, aged 38 years, has suffered an order of detention dated 22.10.2025 and his sister has approached this Court seeking to set aside the detention order. 2.Learned counsel appearing on behalf of the petitioner has raised various grievances as against the impugned order of detention. He also points out that the Special Report that forms an important basis for the grounds of detention, is not even dated. https://www.mhc.tn.gov.in/judis 2026:MHC:2531 HCP No. 2666 of 2025 __________ 3.We have heard both learned counsel for the petitioner as well as learned counsel for Government of Tamil Nadu (criminal side) for the respondents. 4.We have perused the Special Report which is placed at page 83 of the booklet furnished. As rightly pointed out, we find the same undated. Insofar as the Special Report is one of the important documents, based on which the decision to detain the petitioner has been taken, the same ought to have been dated, to establish credibility. 5. The compelling necessity to detain the detenu would depend on the date on which the sponsoring authority has sent his report. In the absence of the said date, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful. That apart, in the absence of a date, the proximity of the document to the incriminating events is also lost, and to this extent, there is a snappage of the link between that document and the other events. 6. Further in Rekha Vs. State of Tamil Nadu through Secretary to Government and another (2011 [5] SCC 244), the Hon’ble Supreme Court had held that where the detention order is passed on any irrelevant material, then, the detention order is liable to be quashed. Therefore, we are of the view that for the aforesaid reasons the impugned detention order is liable to be set aside. 7. In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.825/BBCDEFGISSSV/2025 dated 22.10.2025 is set aside. https://www.mhc.tn.gov.in/judis 2026:MHC:2531 HCP No. 2666 of 2025 __________ 8. The detenu, viz., Jaisamraj, S/o. Robert, aged 38 years, now confined in Central Prison, Puzhal, Chennai, 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.) 06-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes SSM Note to Registry : Issue Today To 1. The Additional Chief Secretary to the Government Home Prohibition and Excise Department, Secretariat, Fort.St.George, Chennai – 600009. 2. The Commissioner of Police Greater Chennai, Vepery, Chennai. 3. The Superintendent of Prison Central Prison - II, Puzhal, Chennai. 4. The Inspector Of Police G-3, Kilpauk Police Station, Chennai. 5. The Joint Secretary to Government Public (Law and Order), Fort St.George, Chennai – 9. 6. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:2531 HCP No. 2666 of 2025 __________ DR.ANITA SUMANTH J. AND SUNDER MOHAN J. SSM HCP No. 2666 of 2025 06-07-2026 https://www.mhc.tn.gov.in/judis