Case Note & Summary
The petitioner, Kalaivani, wife of the detenu Partheban @ Nondi Parthiban, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the preventive detention order passed by the second respondent (District Collector and District Magistrate, Chengalpattu) in CPT No.19/2024 dated 11.11.2024, which detained her husband as a Drug Offender under the Tamil Nadu Act 14 of 1982. The detenu was confined at Central Prison, Puzhal, Chennai. The court heard the learned counsel for the petitioner, Mr. A. Murugavel, and the learned Additional Public Prosecutor, Mr. R. Muniyapparaj, for the respondents. The detention order relied on one adverse case and a ground case where 2.500 Kgs of ganja was recovered from the detenu. The court found that the recovery of 2.500 Kgs of ganja does not constitute commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985. Additionally, the adverse case had no proximity with the ground case, meaning the two incidents were not connected in time or nature. The court held that the criminal case registered against the detenu should be dealt with by police authorities under ordinary criminal law, and there was no justification for preventive detention. Consequently, the court set aside the detention order and directed the detenu's immediate release unless required in connection with any other case.
Headnote
A) Preventive Detention - Drug Offender - Non-Commercial Quantity - The detention order was set aside as the recovery of 2.500 Kgs of ganja cannot be construed as commercial quantity, and the adverse case had no proximity with the ground case - Held that the criminal case should be dealt with under ordinary law, not preventive detention (Paras 3-4).
Issue of Consideration
Whether the preventive detention order under the Tamil Nadu Act 14 of 1982 is valid when the recovery of ganja is not commercial quantity and the adverse case has no proximity with the ground case
Final Decision
The detention order passed by the second respondent in proceedings CPT No.19/2024 dated 11.11.2024 is set aside. The habeas corpus petition is allowed. The detenu, Partheban @ Nondi Parthiban, S/o Raja, aged 35 years, confined at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith unless his confinement is required in connection with any other case.
Law Points
- Preventive detention cannot be sustained when recovery is not commercial quantity
- adverse case lacks proximity with ground case
- ordinary criminal law is sufficient
