An Alcoholic Person Who Is Otherwise Of Sound Mind Can’t Be Kept In Rehab Centre Against His/Her Will

The Allahabad High Court ruled in a Habeas Corpus Writ Petition that an alcoholic person who is otherwise of sound mind can’t be kept in Rehab Centre (Nasha Mukti Kendra) against his/her will and wish.

Facts of the Court

  • The Petitioner/Detenu (Ankur Kumar) filed a Habeas Corpus Writ Petition, who submitted before the Court that he was kept in Nasha Mukti Kendra, Muzaffarnagar against his wish, and that he wished to go back to his home.
  • He also submitted before the Court that he was taken to Nasha Mukti Kendra by his maternal uncle and 20-30 other people and they came in four vehicles to take him to Nasha Mukti Kendra.
  • On the other side the Advocate who appeared on behalf of respondent nos. 3 to 5 submitted that the detenu was admitted to the care of the Nasha Mukti Kendra by his mother.
  • The Sub-Inspector, who produced the detenu after recovering him from Nasha Mukti Kendra produced a letter, signed by the ‘Jeevan Rakshak Drug De Addiction and Rehabilitation Centre’, Muzaffarnagar. The  letter showed that the detenu was admitted to the Centre on the request of his mother. The letter dated 21.10.2020 produced by the Sub-Inspector Kapil Kumar was taken on record.

Order of the Court

  • The Court after hearing learned counsel for the parties and taking into consideration the stand of the detenu, said that “he (detenu Ankur Kumar) was in confinement at the Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar against his will and wish.”
  • The Court significantly noted that”If a person is an alcoholic but otherwise of sound mind about there is no authority with any relative of his or Drug De Addiction and Rehabilitation Centre to detain him in custody against his will and wish
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  • The Court held that, “It is apparent that Ankur Kumar being in illegal detention of Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar, the S.S.P., Meerut ought to take necessary action in accordance with law against Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar or anyone at whose instance, the detenu was confined.”
  • So far as the present petition was concerned, it was held by the Court that Ankur Kumar was illegally confined at Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar at the instance of his maternal-uncle (Mama), respondent no. 4 Virendra Singh @ Billu.
  • He is free to go where he likes. He will not be confined by anyone against his will and wish. This petition is allowed in terms of the aforesaid orders“, ruled the Court.
  • Since, there is an apprehension expressed on behalf of the detenu who has petitioned this Court that he may be subjected to violence at the hands of respondent nos. 3 to 5 who forced him into illegal detention, the S.S.P., Meerut is ordered to ensure that no harm is caused to the detenu in future.

Case Name: Ankur Kumar and Another v. State Of U.P. And 4 Others

Case no.:- HABEAS CORPUS WRIT PETITION No. – 523 of 2020

Coram: Hon’ble J.J. Munir,J.

(Warning: “Consumption of alcohol is injurious to health”)

Also Read: No blanket order should be passed under Section 438 Cr.P.C.: Kerala HC


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