Lokha Vs The Principal Secretary to Government

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to call for the records relating to the order of detention passed by the 2^nd respondent in Cr.M.P.No.22/Drug Offender/2025 C1 dated 19.05.2025 against Mathesh, aged about 29

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H.C.P. No.2374 of 2025

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years, S/o.Selvan who is confined at Central Prison, Coimbatore and quash the same and direct the respondents to produce the detenu before this Court and set him at liberty.

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For Petitioner : Mr.S.Rajesh For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

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ORDER

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(The Order of the Court was made by P.Velmurugan, J)

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This Habeas Corpus Petition has been filed to call for the records relating to the order of detention passed by the 2^nd respondent in Cr.M.P.No.22/Drug Offender/2025 C1 dated 19.05.2025 against Mathesh, aged about 29 years, S/o.Selvan who is confined at Central Prison, Coimbatore and quash the same and direct the respondents to produce the detenu before this Court and set him at liberty.

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Though the learned counsel for the petitioner took several grounds to quash the impugned order of detention, he focused mainly on the ground of non application of mind on the part of the detaining authority in passing the order of detention. In the detention order dated 19.05.2025, the detaining authority has cited a similar case in Crl.M.P.No.2060 of 2024 wherein the accused therein was granted bail on 05.08.2024, whereas in the impugned detention order, the arrest of the detenu was on 22.04.2025 and the detention order was passed on 19.05.2025, which clearly shows the non application

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of mind on the part of the detaining authority while arriving at the subjective satisfaction.

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A reading of the materials and the order passed by the detaining authority shows

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that the similar bail application cited by the detaining authority is dated only 05.08.2024, whereas the detenu in the ground case was arrested on 22.04.2025 and thereafter the detention order came to be passed on 19.05.2025. Therefore, the detention order suffers from non application of mind. Hence, this Court is inclined to quash the detention order.

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Accordingly, the order of detention passed by the 2^nd respondent in Cr.M.P.No.22/Drug Offender/2025 C1 dated 19.05.2025 against the detenu Mathesh, aged about 29 years, S/o.Selvan, is hereby quashed.

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