Preventive detention requires clear statutory grounds; absence necessitates release of the detained individual.

(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, Section 123 of Bharatiya Nyaya Sanhita may be invoked for the purpose of applying preventive detention law in certain nature of offences for which the detaining Authority has to subjectively satisfy that there is a likelihood of causing breach of public order.

6. In the light of the above discussion, we deem it appropriate that the case registered against the detenu may be dealt with under the regular penal law by the Police Authorities.

7. Hence, for the aforesaid reasons, the detention order passed by the 2^nd respondent, in proceedings B3/D.O.No.35/2024 dated 23.11.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Latif Khan, aged 27 years, S/o. Abdul confined at Central Prison, Vellore is directed to be set at liberty forthwith unless he is required in connection with any other case.