Case Note & Summary
The petitioner, Vijayalakshmi, mother of the detenu Sivakumar @ Kittu Poonai, filed a Habeas Corpus Petition under Article 226 of the Constitution of India challenging the detention order passed by the Commissioner of Police, Greater Chennai (second respondent) in Memo No.1225/BCDFGISSSV/2024 dated 11.12.2024, detaining her son under the Tamil Nadu Act 14 of 1982 as a 'Goonda'. The detenu was confined at Central Prison, Puzhal, Chennai. The court heard the learned counsel for the petitioner, Mr. S. Karthick, and the learned Additional Public Prosecutor, Mr. R. Muniyapparaj, for the respondents. The detention order relied on two adverse cases: one registered in 2021 (lacking proximity) and another in 2023. The ground case was registered under the NDPS Act in Crime No.1287 of 2024. The court observed that the drug involved in the ground case could not be construed as commercial quantity, and therefore preventive detention was not required. Such offences could be dealt with by police authorities under ordinary law. Consequently, the court quashed the detention order and allowed the Habeas Corpus Petition, directing that the detenu be set at liberty forthwith unless required in connection with any other case.
Headnote
A) Preventive Detention - Goonda - Non-Commercial Quantity - The detention order under Tamil Nadu Act 14 of 1982 was quashed as the drug involved in the ground case was not commercial quantity, and the adverse cases lacked proximity, making preventive detention unnecessary. Held that such offences can be dealt with under ordinary law (Paras 3-4).
Issue of Consideration
Whether the preventive detention order under Tamil Nadu Act 14 of 1982 branding the detenu as a 'Goonda' was justified when the ground case involved non-commercial quantity of drugs and adverse cases lacked proximity.
Final Decision
The detention order passed by the second respondent in proceedings No.1225/BCDFGISSSV/2024 dated 11.12.2024 is quashed. The Habeas Corpus Petition is allowed. The detenu, Sivakumar @ Kittu Poonai, S/o. Elangovan, confined at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless he is required in connection with any other case.
Law Points
- Preventive detention not warranted for non-commercial quantity drug offences
- ordinary law sufficient
- lack of proximity of adverse cases
