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Judgment
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The petitioner is the detenu viz., Mohamedkhan, son of Seeni Mohamed, aged about 31 years. The detenu has been detained by the second respondent by his order in S.R.No.14/DO/2026, dated 15.04.2026, holding him to be a "Drug Offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition.
Learned counsel for the petitioner would submit that the detenu had not filed any application for bail. While so, the detaining authority relying on another case stating it to be a similar case, has inferred that there is a real possibility of the detenu coming out on bail. The subjective satisfaction recorded by the authority without disclosing the facts of the other case and without any supporting material, is a mere ipse dixit. Hence, he prays for setting aside the impugned detention order.
Heard the learned counsel for the petitioner and the learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents and perused the materials available on record.
When no such bail application has been filed by the detenu, there is no likelihood of the detenu being released on bail. Therefore, the subjective satisfaction arrived at by the detaining authority is ipse dixit. Further, the similar case relied on also does not pertain to a co-accused and it pertains to a different crime number. Further, the present case is squarely covered by the judgment of the Hon'ble Supreme Court in Alagu vs The State of Tamil Nadu reported in 2026 SCC OnLine SC 976 : (2026) SCC 976. Therefore, we are inclined to interfere with the impugned order.
In the result, the Habeas Corpus Petition is allowed and the order of detention in S.R.No.14/DO/2026, dated 15.04.2026, passed by the second respondent is set aside. The detenu, viz., Mohamedkhan, son of Seeni Mohamed, aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case.