The Allahabad High Court has stated in an order that if the mind of an alcoholic person is right, then it would be illegal to forcibly send him to de-addiction centre against his will.
This order has been given by Justice JJ Munir while dealing with Ankur Kumar's habeas corpus petition. He has stated that,
“If a person is an alcoholic but otherwise of sound mind about there is no authority with any relative of his or Drug De- Addiction and Rehabilitation Centre to detain him in custody against his will and wish. The first petitioner's detention is, therefore, found to be absolutely illegal.”
The Court has freed the petitioner from the de-addiction centre and allowed him to go wherever he wants. Simultaneously, SSP Meerut has been directed by the Court to take legal action against the life-saving Drug Day Addiction and Rehabilitation Centre Muzaffarnagar or who forcibly admitted petitioner to the centre.
The Court has held that Ankur Kumar has been illegally confined at Jeevan Rakshak Drug Addiction and Rehabilitation Centre, Vishnu Vihar, Jansath Road, Muzaffarnagar at the instance of his maternal-uncle (Mama). The rule nisi is, accordingly, made absolute.
According to the facts of the case, Petitioner was admitted to the de-addiction centre. A petition for release was filed, terming it as illegal detention.
The Court has declared the detention of the petition illegal and made the petition independent.
Case Details
Case: - HABEAS CORPUS WRIT PETITION No. - 523 of 2020
Petitioner: - Ankur Kumar and Another
Respondent: - State Of U.P. And 4 Others
Counsel for Petitioner: - Abhishek Mishra, Rahul Mishra
Counsel for Respondent: - C.S.C.
Quorum:- Justice JJ Munir
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