S. M. SUBRAMANIAM, V. SIVAGNANAM
P. Priya – Appellant
Versus
Secretary to Government, Home, Prohibition and Excise Department – Respondent
ORDER :
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the detenue Mr. Prasanth @ Prasanth Kumar S/o Haridoss, Male, aged about 26 years and now confined at Central Prison-II, Puzhal, Chennai, before this Hon'ble Court and set him at liberty forthwith by setting aside the order of Detention bearing BCDFGISSSV No. 730/2024 dated 27.06.2024 on the file of the Second respondent and pass such further or other order or orders as may deem fit and proper circumstances of the case and thus render justice.
1. The order of detention passed by the 2nd respondent in proceedings BCDFGISSSV No. 730/2024 dated 27.06.2024 is sought to be quashed in the present Habeas Corpus Petition.
2. The learned counsel for the petitioner would submit that the similar bail order relied on by the detaining authority granted by the Courts of Sessions on Chennai in Crl. M.P. No. 9467 of 2017 is dissimilar. In the similar case bail was granted merely on the ground that the co-accused had already been granted by the same Court. However, in the present case, no such circumstances exist and thus, the reliance placed on by the de
Rekha vs. State of Tamil Nadu through Secretary to Government and Another
Preventive detention requires the detaining authority to apply its mind and provide a rational basis for its decision, rather than relying on mere assertions or dissimilar cases.
Preventive detention requires subjective satisfaction linked to the facts of the case; mere reliance on dissimilar bail orders without adequate reasoning is insufficient.
Preventive detention orders must be based on rational and relevant grounds; reliance on dissimilar cases without proper justification constitutes a failure to apply mind, rendering the order invalid.
Preventive detention orders must be based on a proper application of mind and relevant legal principles, not mere assumptions or dissimilar cases.
Preventive detention requires a rational basis and application of mind by the Detaining Authority, which was absent in this case.
Preventive detention requires reliable material for subjective satisfaction; mere assumptions or presumption of bail applications are insufficient to justify detention.
Preventive detention orders must be based on concrete material and timely action; delays can invalidate such orders.
Preventive detention valid despite bail if authority aware of custody and provides cogent reasons for release likelihood and prejudicial risk; absent here due to non-similar case reliance.
A preventive detention order is invalid if based on undated statements, as it undermines the Detaining Authority's subjective satisfaction and fails to meet legal standards.
Detention orders based on undated documents lack validity, as they indicate non-application of mind by the Detaining Authority, leading to quashing of such orders.
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