[Cites 2, Cited by 0]
Madras High Court
Kayalvizhi vs The State Of Tamil on 16 March, 2026
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.03.2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
AND
THE HON'BLE MR JUSTICE P.DHANABAL
H.C.P.(MD)No.132 of 2026
Kayalvizhi .. Petitioner / wife of detenu
Vs.
1.The State of Tamil,
represented by
the Additional Chief Secretary to Government,
Home (Prohibition and Excise) Department,
Secretariat, Chennai-9.
2.The District Collector and
District Magistrate,
Collector's Office,
Tirunelveli District.
3.The Superintendent of Prison,
Central Prison,
Palayamkottai,
Tiruneveli District. .. Respondents
Prayer :Petition filed under Article 226 of the Constitution of India to call
for the records from the second respondent in M.H.S. Confdl No.127/2025
Page 1 of 6
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dated 06.10.2025 by setting aside the detenu, namely, Kamaraj, aged 28
years, S/o. Murugeshan at liberty, who is now detained in the Central
Prison, Palayamkottai.
For Petitioner : Mr.R.Muthuram
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.)
The petitioner is the wife of the detenu, by name, Kamaraj, aged 28
years, S/o. Murugeshan. The detenu has been detained by the second
respondent by his order in M.H.S. Confdl No.127/2025 dated 06.10.2025
holding him to be a "Drug Offender", as contemplated under Section 2(e) of
the Tamil Nadu Act 14 of 1982). The said order is under challenge in this
Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and
the learned Additional Public Prosecutor appearing for the respondents. We
have also perused the records produced by the Detaining Authority.
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3. Though several grounds have been raised in the Habeas Corpus
Petition, the learned counsel appearing for the petitioner would mainly
focus his argument on the ground that there is no adverse case against the
detenue. The ground case involved 12 kgs of ganja, which is also an
intermediate quantity, for which, FIR was registered in Crime No.470 of
2025. The detenu was arrested on 12.09.2025, whereas, the detention order
was passed only on 06.10.2025.
4. It was contended that only the intermediate quantity was involved,
whereas the Detaining Authority in a casual manner has passed the
detention order in a case where such an order is not warranted.
5. We are of the view that the quantity that is alleged to have been
seized is only an intermediate quantity. Hence, it is not a serious offence
under the NDPS Act, since it does not involve any commercial quantity,
warranting passing of a detention order and the detenu could have been
dealt with under regular penal law that is already available and there was no
need for resorting to detention order under Act 14 of 1982.
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6. For this purpose, we rely on the judgment in Rekha vs. State of
Tamil Nadu (2011 (5) SCC 244).
7. In the result, the Habeas Corpus Petition is allowed and the order
of detention in M.H.S. Confdl No.127/2025 dated 06.10.2025 passed by the
second respondent is set aside. The detenu, viz., Kamaraj, aged 28 years,
S/o. Murugeshan, is directed to be released forthwith unless his detention is
required in connection with any other case.
(N.A.V.,J..) (P.D.B.,J.,)
16.03.2026
Index : Yes / No
Internet : Yes / No
TSG
To
1.The Additional Chief Secretary to Government,
Home (Prohibition and Excise) Department,
Secretariat, Chennai-9.
2.The District Collector and
District Magistrate,
Collectors Office,
Tirunelveli District.
3.The Superintendent of Prison,
Central Prison,
Palayamkottai,
Tiruneveli District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm )
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm )
N. ANAND VENKATESH,J.
AND
P.DHANABAL,J.
TSG
16.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm )
