Case Note & Summary
The petitioner, Rita, mother of the detenu Lasar Merwin Vijay @ Merwin Vijay, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court challenging the detention order passed by the second respondent (Commissioner of Police, Greater Chennai) in Memo No.1160/BCDFGISSSV/2024 dated 25.11.2024 under the Tamil Nadu Act 14 of 1982. The detenu was detained under preventive detention law based on a ground case registered under the NDPS Act, wherein the police recovered 2.5 kilograms of Kanja (cannabis). The court heard the learned counsel for the petitioner, Mr. R. Muthukumar, and the learned Additional Public Prosecutor, Mr. R. Muniyapparaj, appearing for the respondents. The court observed that the recovery of 2.5 kilograms of Kanja cannot be construed as a commercial quantity under the NDPS Act. Consequently, the police authorities could deal with the criminal case under ordinary law, and the reasons stated in the impugned order to invoke the Preventive Detention Law were insufficient. The court therefore quashed the detention order and directed that the detenu be set at liberty forthwith unless required in connection with any other case. The judgment was delivered by a division bench comprising Justice S.M. Subramaniam and Justice M. Jothiraman on 24.01.2025.
Headnote
A) Preventive Detention - NDPS Act - Non-Commercial Quantity - Insufficient Grounds - The detention order under the Tamil Nadu Act 14 of 1982 was quashed as the ground case involved recovery of 2.5 kg of Kanja, which is not a commercial quantity under the NDPS Act - The court held that the police authorities may deal with the criminal cases under ordinary law and the reasons stated to invoke preventive detention law were insufficient (Paras 3-4).
Issue of Consideration
Whether the preventive detention order under the Tamil Nadu Act 14 of 1982 is sustainable when the ground case involves recovery of 2.5 kg of Kanja, which is not a commercial quantity under the NDPS Act
Final Decision
The impugned order of detention passed by the second respondent in Memo No.1160/BCDFGISSSV/2024 dated 25.11.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, Lasar Merwin Vijay @ Merwin Vijay, S/o.Joseph Selvam, aged about 39 years, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case.
Law Points
- Preventive detention cannot be invoked when the ground case involves recovery of non-commercial quantity of narcotic substance
- ordinary criminal law is sufficient
