A.Dhanalakshmi v. The State Of Tamilnadu Rep By The Additional Chief Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.258 of 2026 A.Dhanalakshmi .. Petitioner/Daughter of the Detenue Vs.
1.The State of Tamilnadu, represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate, District Collector Office, Madurai District.
3.The Superintendent, Central Prison, Madurai.
.....Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records in detention order in B.B.C.D.E.F.G.I.S.S.S.V.No.78/2025, dated 10.09.2025 on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the person of the petitioner's father namely
K.Saravanan, S/o.Karuppaiah, male, aged about 45 years, who is detained in Central Prison, Madurai, before this Court and set him at liberty. For Petitioner : Mr.Manimaran.Na For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the daughter of the detenu, by name K.Saravanan, S/o.Karuppaiah, male, aged about 45 years. The detenu has been detained by the second respondent by his order in B.B.C.D.E.F.G.I.S.S.S.V.No. 78/2025, dated 10.09.2025 holding him to be a "Drug Offender", as contemplated under Section 2(e) of the Tamil Nadu Prevention Detention Act, 1982 (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.
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 11 kgs of ganja, which is also an intermediate quantity, for which, FIR was registered in Crime No.178 of 2025. The detenu was arrested on 10.09.2025, whereas, the detention order was passed only on 11.09.2025.
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.
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 B.B.C.D.E.F.G.I.S.S.S.V.No.78/2025, dated 10.09.2025, passed by the second respondent is set aside. The detenu, viz., K.Saravanan, S/o.Karuppaiah, male, aged about 45 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.,) 06.04.2026 Index : Yes / No Internet : Yes / No Indu
To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate, District Collector Office, Madurai District.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
N. ANAND VENKATESH,J.
AND K.K.RAMAKRISHNAN,J.
Indu H.C.P.(MD)No.258 of 2026 06.04.2026