VIGNESH Vs. SECRETARY TO THE GOVERNMENT HOME

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by son of detenu assailing a 'preventive detention order dtd. 25/8/2022 bearing reference C.No.54/G/IS/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as the impugned detention order has been made by second respondent.

(2.) Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Drug Offender' within the meaning of Sec. 2(e) of Act 14 of 1982.

(3.) There is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.153 of 2022 on the file of B-3 Variety Hall Road Police Station for the alleged offences under Ss. 8(c) read with 20(b)(ii)(C) and 29(1) of 'the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)' [hereinafter 'NDPS Act' for the sake of convenience and clarity].