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Judgment
The petitioner, who is the detenu Vikashkumar, S/o.Uday Yadav, aged about 23 years, has come forward with this petition challenging the detention order passed by the second respondent in Memo No.102/BBCDEFGISSSV/2026 dated 26.02.2026 branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
The learned counsel for the petitioner submitted that the detenu had not filed any application for bail in respect of the ground case so far. 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.
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 an ipse dixit. Further, the similar case relied on also does not pertain to a co-accused and it pertains to a different crime number. That apart, 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. Hence, we are of the opinion that the detention order is liable to be quashed on this ground.
In the result, this habeas corpus petition is allowed and the detention order passed by the second respondent in in Memo No.102/BBCDEFGISSSV/2026 dated 26.02.2026 is hereby set aside and the detenu viz. Vikashkumar, S/o.Uday Yadav, aged about 23 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.