A.Jesima Begam Vs the State of Tamilnadu, Rep.by, the Secretary to Government

Prayer: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other appropriate Writ or direction, calling for the records in connection

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HCP No. 149 of 2026

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with the Detention order passed by the 2nd respondent in proceedings No.600/BBCDEFGISSSV/2025, dated 26.08.2025, against the petitioner’s Husband viz. Mohamed Ali Zinnah, aged about 55 years, S/o. Mohamed Safi, as a Drug Offender under the Tamil Nadu Act 14 of 1982, now confined at Central Prison, Puzhal, Chennai and set aside the same and consequently direct the respondents to produce the detenue before this Court and set him at liberty.

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For Petitioner: Ms.A.Shanthi

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For Respondents: Mr.S.Rajakumar, Additional Public Prosecutor, assisted by Mr.M.Sylvester John

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ORDER

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(Order of the Court was made by Sunder Mohan J.)

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The wife of the detenu-Mohamed Ali Zinnah, branded as ‘Drug Offender’ under Section 2(e) of the Tamil Nadu Act 14 of 1982, has filed this petition challenging the detention order dated 26.08.2025.

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2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

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In paragraph No.3 of the grounds of detention, the detaining authority had observed that the detenu has not moved any bail application and that the relatives of the detenu are taking steps to file a bail application. However, the said observation of the detaining authority is based on an undated report of the sponsoring authority and an undated statement of a relative purported to be recorded under Section 180(3) of the BNSS.

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It is well settled that in the absence of any date in the said statement of the relative, the detaining authority’s satisfaction that there is a real possibility of the detenue coming out on bail, is vitiated. Therefore, for the above reason, we are inclined to quash the detention order.

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5.Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Memo No.600/BBCDEFGISSSV/2025 dated 26.08.2025 is set aside.

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6.The detenu, viz., Mohamed Ali Zinnah S/o. Mohamed Safi, aged

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55 years, now confined in Central Prison, Puzhal, Chennai, is directed to

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be set at liberty forthwith, unless his presence is required in connection