Sai @ Muthupandian v. The State of Tamil Nadu

ORDER (Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the detenu, by name, Sai @ Muthupandiyan, aged about 41 years, S/o. Karuthakannan. The detenu has been detained by the second respondent by his order in Detention Order No.66/2025 dated

17.11.2025 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.

¶2We 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.

¶3Though 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 two adverse cases involving quantity of 5kgs and 1.020 kgs of ganja, for which, FIRs were registered in Crime Nos.7 of 2022 and 4 of 2025 respectively. The ground case involved 8.215 kgs of ganja, which is also an intermediate quantify for which, FIR was registered in Crime No.146 of 2025. The detenu was arrested on 08.10.2025, whereas, the detention order was passed only on

17.11.2025.

¶4It 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.

¶5We 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 penal law that is already available and there was no need for resorting to detention order under Act 14 of 1982.

¶6For this purpose, we rely on the judgment in Rekha vs. State of Tamil Nadu (2011 (5) SCC 244).

¶7In the result, the Habeas Corpus Petition is allowed and the order of detention in Detention Order No.66/2025 dated 17.11.2025 passed by the second respondent is set aside. The detenu, viz., Sai @ Muthupandiyan, aged about 41 years, S/o. Karuthakannan 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.,)

21.04.2026 Index : Yes / No Internet : Yes / No TSG To

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

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

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N. ANAND VENKATESH,J. AND K.K.RAMAKRISHNAN,J.

TSG

H.C.P.(MD)No.70 of 2026

21.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.70 of 2026 Sai @ Muthupandian .. Petitioner / detenu Vs. 1.The State of Tamil Nadu.....0 , represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009. 2.The District Magistrate and District Collector, Theni District, Theni. 3.The Superintendent of Prison, Central Prison, Madurai. .. Respondents Prayer :Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, to call for the entire records connected with the detention order passed in Detention Order No.66/2025 dated 17.11.2025 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu, namely, Sai @ Muthupandiyan, aged about 41 years, S/o. Karuthakannan, now detained at the Central Prison, Madurai, before this Court and set him at liberty forthwith. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor