(Order of the Court was made by N. ANAND VENKATESH,J.) The petitioner is the mother of the detenu, by name Rajaselvam son of Sankar, aged about 21 years. The detenu has been detained by the second respondent by his order in M.H.S.Confdl No.57/2025 dated 10-07-2025 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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 07:05:08 pm ) HCP(MD) No.130/2026

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 it is a solitary case involving 2.1 kgs of ganja, which is an intermediate quantify for which, FIR was registered in Crime No.220 of 2025. The detenu was arrested on 20.06.2025, whereas, the detention order was passed only on 10.07.2025.

4. It was contended that in the solitary case, 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 in the solitary 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.

6. For this purpose, we rely on the judgment in Rekha vs. State of Page 3 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 07:05:08 pm ) HCP(MD) No.130/2026 Tamil Nadu (2011 (5) SCC 244).

7. In the result, the Habeas Corpus Petition is allowed and the order of detention in M.H.S.Confdl No.57/2025 dated 10-07-2025 passed by the second respondent is set aside. The detenu, viz., Rajaselvam son of Sankar, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(N.A.V.,J..) (P.D.B.,J.,) 10.03.2026 NCC : Yes/No Index : Yes/No RR Page 4 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 07:05:08 pm ) HCP(MD) No.130/2026 To

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Dept, Secretariat, Chennai - 9..

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

3. The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli..

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 07:05:08 pm ) HCP(MD) No.130/2026 N. ANAND VENKATESH,J.

AND P.DHANABAL,J.

RR H.C.P.(MD)No.130 of 2026 10.03.2026 Page 6 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 07:05:08 pm )