Madras High Court
Mrs.Devi vs The Secretary To Government on 2 March, 2023
H.C.P.No.1566 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2023
Coram
THE HON'BLE Mr.JUSTICE M.SUNDAR
and
THE HON'BLE Mr.JUSTICE M.NIRMAL KUMAR
H.C.P.No.1566 of 2022
Mrs.Devi
W/o.Ravi
... Petitioner/Mother of the detenu
-Vs-
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George, Chennai – 600 009.
2.The District Magistrate cum District Collector,
Thiruvallur District, Thiruvallur.
3.The Superintendent of Police,
No.4VRV+4JR, Chinna Ekkadu,
Jaya Nagar, Thiruvallur-602 001.
4.The Superintendent of Prison,
Central Prison, Puzhal-II, Chennai.
5.The Inspector of Police,
E-1, Ponneri Police Station,
Thiruvallur District. ... Respondents
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Habeas Corpus calling for the records relating to the
Impugned order of detention dated 08.07.2022 in vide Memo
No.35/BCDFGISSSV/2022 passed by the 2nd respondent herein and quash
the same and consequently direct the respondents to set forth the detenu
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H.C.P.No.1566 of 2022
Vasanth @ Vasanth Kumar, S/o.Ravi aged 25 years now confined in Central
prison II, Chennai before this Hon`ble Court and set him at liberty.
For Petitioner : Mr.D.Prasanna Kumar
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by
Mr.M.Sylvester John
*****
ORDER
[Order of the Court was made by M.SUNDAR, J.]
Captioned 'Habeas Corpus Petition' ('HCP' for the sake of brevity) has
been filed by mother of detenu assailing a 'preventive detention order dated
08.07.2022 bearing reference B.C.D.F.G.I.S.S.S.V No.35/2022' (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 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, Sand-
offenders, 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
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H.C.P.No.1566 of 2022
convenience and clarity] on the premise that the detenu is a 'Goonda' within
the meaning of Section 2(f) of Act 14 of 1982.
3. There is one adverse case and one ground case. The ground case
which is the substratum of the impugned detention order is Crime
No.126/2022 on the file of Ponneri Police Station for alleged offences under
Sections 147, 148, 294(b), 324, 307, 302 of 'Indian Penal Code, 1860 (Act 45
of 1860)' ['IPC' for brevity]. Owing to the nature of the challenge to the
impugned detention order, it is not necessary to delve into the factual matrix
or be detained further by facts.
4. Mr.D.Prasanna Kumar, learned counsel for petitioner and
Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by
Mr.M.Sylvester John for all five respondents are before us.
5. Notwithstanding very many averments in the support affidavit,
Mr.D.Prasanna Kumar, learned counsel for petitioner submits that there is
delay in making the detention order i.e., delay from the date of arrest in the
ground case.
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H.C.P.No.1566 of 2022
6. We are of the view that no time frame has been fixed in the Statute
for making detention order. However, in legal parlance, the point to be tested
is whether 'live and proximate link' between the grounds of detention and
purpose of detention has snapped. In this regard, it is to be noted that in the
case on hand arrest in the ground case was on 09.05.2022 and impugned
detention order was made only on 08.07.2022 nearly 2 months later. There is
no explanation much less tenable explanation for two months time consumed
in making the detention order.
7. We carefully considered the point that is exhorted. We find that a
recent judgment rendered by Hon'ble Supreme Court in Sushanta Kumar
Banik case [Sushanta Kumar Banik Vs. State of Tripura & Ors. reported in
2022 LiveLaw (SC) 813] is of relevance. To be noted, Sushanta Kumar
Banik case arose under 'Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988' [hereinafter 'PIT NDPS Act' for the sake
of brevity] in the State of Tripura. In Banik's case it comes to light that this
'live and proximate link' point turns on two facets. One facet is, 'unreasonable
delay' and the other facet is 'unexplained delay'. In the case on hand, the
captioned matter clearly falls under latter facet i.e., second facet of
unexplained delay. We have no difficulty in saying that the ground case which
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H.C.P.No.1566 of 2022
constitutes the substratum of impugned detention order has become stale.
8. In the light of the discussion and dispositive reasoning thus far, we
are of the view that the impugned detention order is vitiated by 'live and
proximate link' between grounds of detention and purpose of detention having
snapped as the ground case which is the substratum of the impugned detention
order has become stale.
9. Ergo, the sequitur is, H.C.P. No.1566 of 2022 is allowed, impugned
detention order dated 08.07.2022 bearing reference B.C.D.F.G.I.S.S.S.V.
No.35/2022 made by the second respondent is set aside and detenu
Mr.Vasanthkumar @ Vasanth, male, aged 25 years, son of Mr.Ravi, now
detained in Central Prison-II, Puzhal, Chennai-66 is directed to be set at
liberty forthwith unless required in connection with any other case/s.
(M.S,J.) (M.N.K.,J.)
02.03.2023
Speaking / Non-speaking
Neutral Citation : Yes / No
kmi
P.S: Registry to forthwith communicate this order to Jail authorities in
Central Prison-II, Puzhal, Chennai.
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H.C.P.No.1566 of 2022
M.SUNDAR, J.
and
M.NIRMAL KUMAR, J.
kmi
To
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George, Chennai – 600 009.
2.The District Magistrate cum District Collector,
Thiruvallur District, Thiruvallur.
3.The Superintendent of Police,
No.4VRV+4JR, Chinna Ekkadu,
Jaya Nagar, Thiruvallur-602 001.
4.The Superintendent of Prison,
Central Prison, Puzhal-II, Chennai.
5.The Inspector of Police,
E-1, Ponneri Police Station,
Thiruvallur District.
6. The Public Prosecutor,
Madras High Court, Chennai – 104.
H.C.P.No.1566 of 2022
02.03.2023
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