Abanti NaikW/o Krishna Chandra Naik Dudukabahal, Tikiri Post, Rayagada District, Odisha StateNow v. The Secretary to the Government Home
Case at a glance
Outcome
Allowed
In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings C
Provisions considered
- Constitution of India art. 226
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 8(c), 20(b)(ii)(B)
Key paragraphs
- Para 55. In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings C.No.38/D.O/IS/Tiruppur City/2025 dated 13.06.2025 on the file of the second respondent, is set aside. The detenu, namely, Thiru. Krishna Chandra Naik, S/o Gurunath Naik, aged…
Judgment
HCP No. 2544 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16-02-2026CORAMTHE HONOURABLE MR JUSTICE P.VELMURUGANANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANHCP No.2544 of 2025 Abanti NaikW/o Krishna Chandra Naik Dudukabahal, Tikiri Post, Rayagada District, Odisha StateNow residing at No.1/19, North Street PVRSM Broiler, Marichilambu Village Dindigul DistrictPetitionerVs1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai – 600 0092. The Commissioner of Police/Detaining Authority Tiruppur City, Tiruppur District3. The Superintendent Central Prison, Coimbatore4. State rep.by the Inspector of Police PEW - Tiruppur City, Tiruppur DistrictRespondentsPetition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the 2nd respondent dated 13.06.2025 in C.No.38/D.O/IS/TIRUPPUR CITY/2025 against the petitioner’s husband Krishna Chandra Naik, M/41 years, son of Gurunath Naik, who is confined at Central Prison, Coimbatore and set aside the same and consequently direct the https://www.mhc.tn.gov.in/judis HCP No. 2544 of 2025respondents to produce the detenu before the Hon’ble Court and set him at liberty. For Petitioner: Mr.A.SaranrajFor Respondents: Mr.R.MuniyapparajAdditional Public Prosecutorassisted byMr.M.Sylvester JohnORDER(Order of the Court was made by P.Velmurugan J.) The petitioner, who is the wife of the detenu, viz., Krishna Chandra Naik, S/o Gurunath Naik, aged 41 years, now confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent in proceedings C.No.38/D.O/IS/Tiruppur City/2025 dated 13.06.2025.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
We have perused the detention order passed by the second respondent. In paragraph-5 of the grounds of detention, the detaining authority has clearly stated that the detenu is in remand in Tiruppur City Prohibition Enforcement Wing Crime No.166/2025 and he has not moved any bail application in the ground case till the date of passing of the detention order. However, the detaining authority has inferred that the relatives of the detenu are taking efforts https://www.mhc.tn.gov.in/judis HCP No. 2544 of 2025to obtain bail in the ground case before the appropriate Court and therefore there is a real possibility of the detenu coming out on bail in the ground case.
It is seen that the detenu has been arrested in the ground case pertaining to Crime No.166/2025 for the offence under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 on 19.05.2025 and he has been lodged in the prison as a remand prisoner. When the detenu did not move any bail application in the ground case, the subjective satisfaction arrived at by the detaining authority that there is a possibility of the detenu coming out on bail in the ground case, suffers from total non-application of mind on the part of the detaining authority. Further, this Court also finds that the detenu is a native of Orissa State and the translated version of the documents contained in volumes 1 & 2 were not supplied to the detenu, which has prevented the detenu from making an effective representation to the authorities against the order of detention. On these grounds, the impugned detention order is liable to be interfered with by this Court.
Operative part
In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings C.No.38/D.O/IS/Tiruppur City/2025 dated 13.06.2025 on the file of the second respondent, is set aside. The detenu, namely, Thiru. Krishna Chandra Naik, S/o Gurunath Naik, aged about 41 years, is directed to be set at liberty forthwith, unless his custody is https://www.mhc.tn.gov.in/judis HCP No. 2544 of 2025required in connection with any other case. (P.VELMURUGAN J.) (M.JOTHIRAMAN J.)16-02-2026Index: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/Noss https://www.mhc.tn.gov.in/judis HCP No. 2544 of 2025To1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai – 600 0092. The Commissioner of Police/Detaining Authority Tiruppur City, Tiruppur District3. The Superintendent Central Prison, Coimbatore4. The Inspector of Police PEW - Tiruppur City, Tiruppur District5. The Public Prosecutor High Court, Madras https://www.mhc.tn.gov.in/judis HCP No. 2544 of 2025P.VELMURUGAN J.ANDM.JOTHIRAMAN J.ssHCP No. 2544 of 2025 16-02-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this habeas corpus petition is allowed and the impugned detention order made in proceedings C
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8(c), 20(b)(ii)(B).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.