Judgment : VENKATASWAMI, J. ( 1 ) THE petitioner detained under the Tamil Nadu Act 14. 9. 1988 as a bootlegger has challenged the detention by filing this writ petition. ( 2 ) LEARNED counsel for the petitioner has challenged the order of detention inter alia that when the petitioner was under judicial custody for an offence under Narcotic Drugs and Psychotropic Substances Act, 1985, the clamping of detention under Act 14 of 1982 was unwarranted and on that ground, it is liable to be quashed. In support of that, reliance is placed in Rukmani Devi Balasingam v. Joint Secretary to Government of India. In that case, Janarthanam, J. speaking for the Bench has observed as follows:where the detenu was arrested and remanded to judicial custody on the ground of possession of narcotic drugs and her bail applications were rejected and thereafter she did not at all move for her release on bail before any forum and there was no relevant, or cogent material for the detaining authority to come to a conclusion that detenu was likely to be released on bail, in such circumstances, the detenu could not be served with an order of detention while she is in judicial custody. ( 3 ) IN the case on hand, the detaining authority has observed as follows in the course of detention:ij am aware that Thiru Patchaiyappan has been remanded in judicial custody in Central Prison, Madras on 6. 12. 1991 in connection with Salavakkam Cr. No. 626/91 u/s. 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act. There is imminent possibility that he may jump bail and he would be proceeded with under normal law. ( 4 ) THE assumption that he may jump out bail in the absence of cogent materials to come to that conclusion cannot be sustained in the light of the judgment already referred, to above. On that ground, we hold that the detention order cannot be sustained. Accordingly, the same is quashed. The writ petition is allowed. The respondents are directed to release the petitioner forthwith. Petition allowed.