Pandeeshwari vs The Additional Chief Secretary To ...
2023 Latest Caselaw 13739 Mad

                                                                                   HCP.No.1112/2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 11.10.2023

                                                      CORAM

                                   THE HONOURABLE MR . JUSTICE S.S.SUNDAR

                                                        AND

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                H.C.P.No.1112/2023

                     Pandeeshwari                                             ..          Petitioner
                                                        Versus

                     1.The Additional Chief Secretary to Government
                       Home, Prohibition & Excise Department
                       Fort St George, Chennai 600 009.

                     2.The Commissioner of Police
                       Greater Chennai.

                     3.The Superintendent,
                       Central Prison, Puzhal, Chennai-66.

                     4.The Inspector of Police
                       Prohibition Enforcement Wing
                       Washermenpet, Greater Chennai Police.            ..             Respondents

                     Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution
                     of India praying for a Writ of Habeas Corpus calling for the records relating
                     to the detention order passed by the 2nd respondent pertaining to the order
                     made in BCDFGISSSV No.153/2023 dated 08.05.2023 in detain the detenu

                                                          1


https://www.mhc.tn.gov.in/judis
                                                                                 HCP.No.1112/2023


                     under 2[e] of Tamil Nadu Act 14 of 1982, as a Drug Offender and quash the
                     same and direct the respondent to produce the detenu Selvam, son of
                     Chelladurai aged about 43 years who is detained at Central Prison, Puzhal,
                     before this Court and set him at liberty.

                                   For Petitioner  :         Mr.O.Chumbulingam
                                   For Respondents :         Mr.E.Raj Thilak
                                                             Additional Public Prosecutor

                                                       ORDER

[Order of the Court was made by S.S.SUNDAR, J.]

(1)The petitioner, brother of the detenu Selvam, has come forward with this

petition challenging the detention order passed by the 2nd respondent

dated 08.05.2023 slapped on her brother, branding him as "Drug

Offender" under the Tamil Nadu Prevention of Dangerous Activities of

Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral

Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act,

1982 [Tamil Nadu Act 14 of 1982].

(2)Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor appearing for the respondents.

(3)Though several grounds are raised in the petition, the learned counsel for

the petitioner submitted that there is a delay in passing the order of

https://www.mhc.tn.gov.in/judis HCP.No.1112/2023

detention. In the present case, though the detenu was arrested on

29.03.2023, the Detention Order was passed only on 08.05.2023.

(4)The Hon'ble Supreme Court in the case of Sushantha Kumar Banik Vs.

State of Tripura and Others reported in AIR 2022 SC 4715, has dealt

with similar situation and has held in paragraph No.21 as follows:-

''In the present case, the circumstances indicate that the detaining authority after the receipt of the proposal from the sponsoring authority was indifferent in passing the order of detention with greater promptitude. The “live and proximate link” between the grounds of detention and the purpose of detention stood snapped in arresting the detenu. More importantly the delay has not been explained in any manner & though this point of delay was specifically raised & argued before the High Court as evident from Para 14 of the impugned judgment yet the High Court has not recorded any finding on the same.” (5)The Hon'ble Supreme Court was persuaded to allow the Appeal filed

before it mainly on the ground that delay in passing the Order of

Detention from the date of the proposal would snap the ''live and

proximate link'' between prejudicial activities and the purpose of

https://www.mhc.tn.gov.in/judis HCP.No.1112/2023

detention. Therefore, failure on the part of the Detaining Authority in

explaining such delay as in the present case also is a valid ground for

quashing the Detention Order.

(6) In view of the aforesaid reason, the detention order passed by the 2nd

respondent dated 08.05.2023 in BCDFGISSSV No.153/2023 is hereby set

aside and the Habeas Corpus Petition is allowed. The detenu viz.,

Selvam, S/o.Chelladurai, aged about 43 years, is directed to be set at

liberty forthwith unless he is required in connection with any other case.

                                                                       [S.S.S.R., J.]     [S.M, J.]
                                                                                  11.10.2023

                     AP

https://www.mhc.tn.gov.in/judis HCP.No.1112/2023

To

1.The Additional Chief Secretary to Government Home, Prohibition & Excise Department Fort St George, Chennai 600 009.

2.The Commissioner of Police Greater Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai-66.

4.The Inspector of Police Prohibition Enforcement Wing Washermenpet, Greater Chennai Police.

6.The Public Prosecutor High Court, Madras.

S.S.SUNDAR, J.,

https://www.mhc.tn.gov.in/judis HCP.No.1112/2023

AND SUNDER MOHAN, J.,

AP

H.C.P.No.1112/2023

11.10.2023

https://www.mhc.tn.gov.in/judis