D.Geetha v. The State Of Tamil Nadu, Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.3265 of 2024 Mrs.D.Geetha ... Petitioner/Wife of the detenu Vs.

1.The State of Tamil Nadu, Rep.by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009.

2.The District Collector and District Magistrate, Ranipet, Ranipet District.

3.The Superintendent of Police, Ranipet District.

4.The Superintendent, Central Prison, Vellore District.

5.State Rep.by The Inspector of Police, L & O, Arcot Town Police Station, Ranipet District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, or any other appropriate writ order or direction in the nature of writ, to call for the records relating to the detention order dated 11.11.2024 in B3/D.O.No.79/2024 passed by the 2nd Respondent herein quash the same and direct the respondents to produce the body or person of the petitioner's husband DHANAPATHI, S/o.Balaraman, male, aged about 55 years branded as Drug Offender and now confined in Central Prison, Vellore before this Hon'ble Court and set him at liberty.

For Petitioner : Mr.S.N.A.Hussainy For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in B3/D.O.No.79/2024 dated 11.11.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

3. The impugned detention order has been issued relying on one adverse cases and the ground case. The adverse case is registered under the Provisions of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. The ground case was also registered under the very same Act.

4. The Act 14 of 1982 was invoked on the ground that the criminal case was registered under Section 123 of Bharatiya Nyaya Sanhita, 2023. Section 123 of Bharatiya Nyaya Sanhita deals about causing hurt by means of poison etc., with an intent to commit an offence.

5. The adverse case registered against the convict prisoner has no proximity with the ground case. The learned counsel for the petitioner would also submit that the representation given under the Act 14 of 1982 was not considered.

6. In a broader perspective, it requires careful analysis in view of the fact that there is no direct definition under Act 14 of 1982 with reference to the offences committed under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and

Distribution) Act, 2003. No doubt, Section 123 of Bharatiya Nyaya Sanhita may be invoked for the purpose of applying preventive detention law in certain nature of offences for which the Detaining Authority has to subjectively satisfy that there is a likelihood of causing breach of public order.

7. In the light of the above discussion and findings, we deem it appropriate that the cases registered against the detenu may be dealt with under the regular penal law by the Police Authorities.

8. Accordingly, the detention order passed by the second respondent, in B3/D.O.No.79/2024 dated 11.11.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Dhanapathi, S/o.Balaraman, aged 55 years, (who is presently under going detention in the Central Prison, Vellore), is directed to be set at liberty forthwith, unless he is required in connection with any other case.

[S.M.S., J.] [M.J.R., J.] 24.01.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No kak

To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009.

2.The District Collector and District Magistrate, Ranipet, Ranipet District.

3.The Superintendent of Police, Ranipet District.

4.The Superintendent, Central Prison, Vellore District.

5.The Inspector of Police, L & O, Arcot Town Police Station, Ranipet District.

6.The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai.

7.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN , J.

kak H.C.P.No.3265 of 2024 24.01.2025