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2025 Supreme(Online)(Mad) 18224

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, M. Jothiraman, JJ
I.Abdul Khan – Appellant
Versus
State of Tamilnadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.J.Jaisingh
For the Respondents: Mr. R.Muniyapparaj, Additional Public Prosecutor

(Order of the Court was made by M.JOTHIRAMAN, J.)

The preventive detention order passed by the second respondent dated 23.11.2024 is sought to be quashed in the present habeas corpus petition.

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

3. The impugned detention order has been issued relying on the ground case registered under the provisions of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

4. The Act 14 of 1982 was invoked on the ground that the criminal case was registered under Section 123 of Bharatiya Nyaya Sanhita, 2023. Section 123 of Bharatiya Nyaya Sanhita deals about causing hurt by means of poison etc., with an intent to commit an offence.

5. In a broader perspective, it requires careful analysis in view of the fact that there is no direct definition under Act 14 of 1982 with reference to the offences committed under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. No doubt, Sec

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