(Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the mother of the detenu, by name Sankar @ Sankarapandi @ Kuttai sankar, son of Sethupathi, aged about 30 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.93/D.O/2025, dated 19.09.2025 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.

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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 3.9 kgs of ganja, which is also an intermediate quantity, for which, FIR was registered in Crime No.464 of 2025. The detenu was arrested on 26.08.2025, whereas, the detention order was passed only on 19.09.2025.

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, Page 3 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2026 01:21:19 pm ) 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 Cr.M.P.No.93/D.O/2025, dated 19.09.2025 passed by the second respondent is set aside. The detenu, viz., Sankar @ Sankarapandi @ Kuttai sankar, son of Sethupathi, aged about 30 years, is directed to be released forthwith unless his detention is required in connection with any other case.

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

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

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

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2026 01:21:19 pm ) N. ANAND VENKATESH,J.

AND P.DHANABAL,J.

Indu H.C.P.(MD)No.1345 of 2025 09.03.2026 Page 6 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/03/2026 01:21:19 pm )