Kajamaidheen v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 827 of 2020 Kajamaidheen ... Petitioner -vs1. The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 09.

2. The District Magistrate/District Collector, Tiruppur, Tiruppur District.

3. The Superintendent of Police, Tiruppur, Tiruppur District.

4. The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District.

5. State rep. By its The Inspector of Police, Udumalaipettai Police Station, Tiruppur District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus to call for the entire records relating to the petitioner detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 09.03.2020 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.6/Drug Offender/2020, quash the same as illegal and consequently direct the respondents herein to produce the petitioner namely Kajamaidheen, S/o.Jailabdheen, aged 33 years, before this Court and set the petitioner at liberty from detention, now the petitioner detained at Central Prison, Coimbatore.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the detenu. The detenu has been detained by the second respondent by his order in Memo Cr.M.P.No.06/Drug Offender/2020 dated 09.03.2020 holding him to be a "DRUG OFFENDER", as contemplated under Section 2(e) of 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 and we have also perused the records carefully.

3.When the matter is taken up for hearing, learned Additional Public Prosecutor appearing for the State submitted that the detenu along with his accomplices, without the prescription of doctor, purchased pain killing tablets, mixed them with normal saline water, injected through syringe to the body of school and college going students and caused intoxication to them. The amount collected was used by the detenu and his accomplices for consuming liquor. If the tablet is mixed with normal saline water and injected into the human bodies continuously, there is a possibility of danger to the health and human life. Considering the same, in a similar case in H.C.P.No.645 of 2020 filed on behalf of the co-detenu, this Court, by order dated 01.10.2020, dismissed the petition. 4.In such view of the matter, this habeas corpus petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

mmi/ssm To 1.The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 09.

2.The District Magistrate/District Collector, Tiruppur, Tiruppur District.

3.The Superintendent of Police, Tiruppur, Tiruppur District.

4.The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District.

5.The Inspector of Police, Udumalaipettai Police Station, Tiruppur District 6.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.W.Camyles Gandhi, Advocate Sr.No. 35491 H.C.P. No. 827 of 2020 MP(CO) RMP(08/12/2020)