LAWS(MAD)-2014-9-427

MUNIYANDI @ ETTU IDLY MUNIYANDI Vs. SECRETARY TO GOVERNMENT; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SUPERINTENDENT OF POLICE

Decided On September 16, 2014
Muniyandi @ Ettu Idly Muniyandi Appellant
V/S
Secretary To Government; District Collector And District Magistrate; Superintendent Of Police Respondents

JUDGEMENT

(1.) The petitioner, who is the detenu/Muniyandi @ Ettu Idly Muniyandi, branded as a 'Drug Offender' in detention order, No.01/2014/C3 dated 09.06.2014, by the 2nd respondent/District Collector and District Magistrate, Theni District, has sought for a Writ of Habeas Corpus.

(2.) The detene has come to adverse notice of the police in two cases. That on 10.09.2011, the detenue is alleged to have carried a white plastic bag in his hand, and on seeing the police party, dropped the same and absconded. When the abovesaid plastic bag was searched, 500 grams dry Ganja was found. A case was registered against the detenu in Theni NIB CID Crime No.74/2011, under Section 8(c) r/w 20(b)(ii)(A) of NDPS Act 1985. Thereafter, a charge sheet has been filed and that the same has been taken on file, in STC.No.373/13 by the learned Judicial Magistrate Court, Bodinayakanur. The accused/detenu was imposed a fine of Rs.1000/- and he has paid the same.

(3.) Again on 03.09.2012, the detenu has come to the adverse notice of the police in Theni NIB CID Crime No.79/2012 under Section 8(c) r/w 20(b)(ii)(A) of NDPS Act 1985, for possession of 600 grams of dry Ganja. Samples were sent to the Regional Forensic Science Laboratory, Madurai, through the Court, and that they were confirmed as Canabinoid or Ganja as per the analysis report in NAR.No.531/2012 dated 31.12.2012. A charge sheet was filed, which has been taken on file in STC.No.638/2013 by the learned Judicial Magistrate, Uthamapalayam. The accused/detenu was imposed a fine of Rs.1000/- and he has paid the same.