MACHAKALAI Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, who is the father of the detenu, has filed this Habeas Corpus Petition challenging the detention order dtd. 15/12/2020, in and by which, the petitioner's son, Raguvaran @ Anbu, was detained as a Drug Offender under Act 14 of 1982.

(2.) The detenu came to the adverse notice in the case in Sindhupatti Police Station Crime No.933 of 2020, registered for the offence under Sec. 8(c) r/w 20(b) (ii)(C), 25 & 29(i) of NDPS Act. The said case was registered as against the detenu and one Sasikumar, who were found in possession of 30 kgs of Ganja, each, in total 60 kgs of Ganja. The detenu was arrested on 25/9/2020 and was remanded to judicial custody. He has filed a bail petition before the Special District and Sessions (EC & NDPS Act cases) Court, Madurai, in Cr.M.P.No.1060 of 2020, which is said to be pending. By placing reliance upon a similar case in Elumalai Police Station Crime No.112 of 2018, wherein, bail was granted by the concerned Court to the accused therein, the detaining authority has derived the subjective satisfaction that there is a real and imminent possibility of the detenu coming out on bail and to indulge in similar activities, which are prejudicial to the maintenance of public order and health, has clamped the order of detention by branding him as a drug offender.

(3.) Learned counsel for the petitioner submitted that the procedural safeguards guaranteed under Articles 21 and 22 of the Constitution of India have been violated and there is an inordinate and unexplained delay in considering the representation of the petitioner. Therefore, on this sole ground, the detention order is liable to be set aside.