[Cites 2, Cited by 0]
Madras High Court
Jayalakshmi vs The State Of Tamil on 23 March, 2026
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
H.C.P.(MD)No.1353 of 2025
Jayalakshmi .. Petitioner / mother of the detenu
Vs.
1.The State of Tamil,
represented by
the Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The District Collector and District Magistrate,
Virudhunagar District, Virudhunagar.
3.The Superintendent of Prison,
District Prison, Virudhunagar.
4.The Superintendent of Prison,
Central Prison,
Madurai. .. Respondents
Prayer :Petition filed under Article 226 of the Constitution of India to call
for the entire records connected with the detention order of the second
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respondent in Detention Order in Cr.M.P.No.19 of 2025 dated 29.09.2025
and quash the same and to direct the respondents to produce the body or
person of the detenu by name, Jeganraj, son of Ravindran, aged about 33
years, now confining as “Drug Offender” at District Prison, Virudhunagar
before this Court and set him at liberty.
For Petitioner : Mr.S.Kasirajan
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.)
The petitioner is the mother of the detenu, by name, Jeganraj, son of
Ravindran, aged about 33 years. The detenu has been detained by the
second respondent by his order in Cr.M.P.No.19 of 2025 dated 29.09.2025
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 were three adverse cases
involving small quantity of 15 gms, 650 gms and 250 gms of ganja, for
which, FIRs were registered in Crime Nos.93 of 2023, 23 of 2025 and 79 of
2025, respectively. The ground case involved 1.250 kgs of ganja, which is
also an intermediate quantify for which, FIR was registered in Crime No.
160 of 2025. The detenu was arrested on 01.09.2025, whereas, the
detention order was passed only on 29.09.2025.
4. It was contended that in both cases, 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 both in the adverse case as well as in the
ground case, 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
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penal law that is already available and there was no need for resorting to
detention order under Act 14 of 1982.
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 Cr.M.P.No.19 of 2025 dated 29.09.2025 passed by the
second respondent is set aside. The detenu, viz., Jeganraj, son of Ravindran,
aged about 33 years, is directed to be released forthwith unless his detention
is required in connection with any other case.
(N.A.V.,J..) (K.K.R.K.,J.,)
23.03.2026
Index : Yes / No
Internet : Yes / No
TSG
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To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The District Collector and District Magistrate,
Virudhunagar District, Virudhunagar.
3.The Superintendent of Prison,
District Prison, Virudhunagar.
4.The Superintendent of Prison,
Central Prison,
Madurai.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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N. ANAND VENKATESH,J.
AND
K.K.RAMAKRISHNAN,J.
TSG
23.03.2026
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