PAKKIYANATHAN Vs. SECRETARY TO GOVERNMENT, HOME

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' ('HCP' for the sake of brevity) has been filed by father of detenu assailing a 'preventive detention order dtd. 21/8/2022 bearing reference Cr.M.P.No.08/2022 [Drug Offender]' (hereinafter 'impugned detention order' for the sake of convenience). To be noted, fifth 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, Sandoffenders, 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 'Drug Offender' within the meaning of Sec. 2(e) of Act 14 of 1982.

(3.) There is no adverse case and one ground case. The ground case which is the substratum of the impugned detention order is Crime No.36/2022 on the file of Erumad Police Station for alleged offences under Ss. 8(c) read with 20(b)(ii)(B) of 'Narcotic Drugs and Psychotropic Substances Act, 1985' [hereinafter 'NDPS Act' for the sake of convenience and brevity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve in to the factual matrix or be detained further by facts.