S.Lurdu Mary, v. The Additional Secretary to Government
Case brief
What is this about?
Preventive detention quashed; habeas corpus (Art. 226) allowed; 'Drug Offender' detention under Section 2(e), Tamil Nadu Act 14 of 1982; Detention Order No.87/BBCDEFGISSSV/2025 dated 07.08.2025 by Commissioner of Police, Tambaram City; quashed solely because sponsoring authority's special report was UNDATED — compelling necessity to detain doubtful without that date; reliance on Rekha v. State of Tamil Nadu, (2011) 5 SCC 244 (irrelevant material renders detention order liable to be quashed); detenu R. Sathish Kumar released forthwith unless wanted in any other case; Madras High Court Division Bench, order by Sunder Mohan J., dated 24-03-2026; HCP No. 1981 of 2025; neutral citation 2026:MHC:1194; keywords: habeas corpus, preventive detention, undated special report, sponsoring authority, detention order quashed.
What did the court decide?
Detention Order No.87/BBCDEFGISSSV/2025 dated 07.08.2025 set aside; detenu R.Sathish Kumar directed to be set at liberty forthwith, unless his presence is required in connection with any other case.