SELVAM Vs. PRINCIPAL SECRETARY TO GOVERNMENT,

JUDGEMENT

(1.) This Habeas Corpus Petition is filed challenging the order of detention passed by the second respondent in proceedings in P.D.No.05/2019, dated 15.2.2019, wherein, the Petitioner was termed as a ''Drug Offender''.

(2.) The learned counsel for the Petitioner submitted that there were two adverse cases and one ground case against the Petitioner. The main ground that has been raised by the learned counsel for the Petitioner is that the Detaining Authority had come to a subjective satisfaction to the effect that there is a imminent possibility of the Petitioner being released on bail, since in similar cases, other accused persons have been granted bail by the Special Court.

(3.) The learned counsel for the Petitioner submitted that admittedly, in this case, no bail was granted in favour of the Petitioner and the ground stated in the Detention Order that similarly placed persons were granted bail, cannot by itself be a ground to come to a subjective satisfaction regarding the imminent possibility to the Petitioner being released on bail.