Madras High Court
Saraswathi vs State Of Tripura' on 28 October, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
H.C.P.No.2496 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2024
CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.SIVAGNANAM
H.C.P.No.2496 of 2024
Saraswathi
W/o Kalaiselvan .. Petitioner
v.
1. The Additional Chief Secretary to Government
Home, Prohibition and Excise Department
Fort St.George, Chennai 600 009
2. The Commissioner of Police
Greater Chennai
3. The Superintendent
Central Prison, Puzhal
Chennai
4. The Inspector of Police
Prohibition Enforcement Wing
St.Thomas Mount Unit, Chennai .. Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Habeas Corpus, calling for the records relating to
the detention order passed by the second respondent pertaining to the order
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H.C.P.No.2496 of 2024
made in B.C.D.F.G.I.S.S.S.V.No.936/2024 dated 07.09.2024 in detaining
the detenu under 2(e) of Tamil Nadu Act 14 of 1982 as a Drug Offender
and quash the same and direct the respondents to produce the detenu
Kalaiselvan, Son of Raman, aged about 28 years, who is detained at Central
Prison, Puzhal, Chennai before this Hon'ble Court and set him at liberty.
For Petitioner :: Mr.G.Nirmal Krishnan
For Respondents :: Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The petitioner herein, who is the wife of the detenu, viz., Kalaiselvan,
S/o Raman, aged 28 years, now confined at Central Prison, Puzhal, Chennai,
has come forward with this petition challenging the detention order passed
by the second respondent in BCDFGISSSV No.936/2024 dated 07.09.2024.
2. Heard the learned counsel for the petitioner as well as 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 an inordinate delay in
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passing the order of detention.
4. In the instant case, the detenu was arrested on 23.07.2024 and
thereafter, the detention order came to be passed on 07.09.2024. This fact is
not disputed by the learned Additional Public Prosecutor.
5. In the case of 'Sushanta Kumar Banik Vs. State of Tripura',
reported in '2022 LiveLaw (SC) 813', when there was an inordinate delay
from the date of proposal till passing of the detention order and likewise,
between the date of detention order and the actual arrest, the Hon'ble
Supreme Court had held that the live and proximate link, between the
grounds and the purpose of detention, stands snapped in arresting the
detenu. The relevant observation of the Hon'ble Supreme Court is extracted
hereunder:-
“20. It is manifestly clear from a conspectus of the above
decisions of this Court, that the underlying principle is that if
there is unreasonable delay between the date of the order of
detention & actual arrest of the detenu and in the same manner
from the date of the proposal and passing of the order of
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detention, such delay unless satisfactorily explained throws a
considerable doubt on the genuineness of the requisite
subjective satisfaction of the detaining authority in passing the
detention order and consequently render the detention order bad
and invalid because the “live and proximate link” between the
grounds of detention and the purpose of detention is snapped in
arresting the detenu. A question whether the delay is
unreasonable and stands unexplained depends on the facts and
circumstances of each case.”
6. Drawing inspiration from the judgment in Sushanta Kumar
Banik's case, a co-ordinate Bench of this Court in the case of 'Gomathi Vs.
Principal Secretary to Government and Others', reported in '2023 SCC
OnLine Mad 6332', had held that when there is an inordinate delay from
the date of arrest/date of proposal till the order of detention, the live and
proximate link between them would also stand snapped and thereby, had
quashed the detention order on this ground.
7. In yet another case i.e., in 'Nagaraj Vs. State of Tamil Nadu',
reported in '(2018) 3 MWN (Cri) 428', this Court had held that the delay of
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36 days in passing the detention order after the arrest of the detenu would
snap the live and proximate link between the grounds and purpose of
detention. Hence, in view of the unexplained and inordinate delay in
passing the order of detention, after the arrest of the detenu, the detention
order in the present case, is liable to be quashed.
8. Accordingly, the detention order passed by the second respondent
in BCDFGISSSV No.936/2024 dated 07.09.2024 is hereby set aside and the
habeas corpus petition is allowed. The detenu viz., Kalaiselvan, S/o Raman,
aged 28 years, now confined at Central Prison, Puzhal, Chennai is directed
to be set at liberty forthwith, unless his confinement is required in
connection with any other case.
Index : yes (S.M.S.,J.) (V.S.G.,J.)
Neutral citation : yes/no 28.10.2024
ss
To
1. The Additional Chief Secretary to Government
Home, Prohibition and Excise Department
Fort St.George, Chennai 600 009
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2. The Commissioner of Police
Greater Chennai
Chennai 600 007
3. The Superintendent
Central Prison, Puzhal
Chennai 600 066
4. The Inspector of Police
Prohibition Enforcement Wing
St.Thomas Mount Unit, Chennai
5. The Public Prosecutor
High Court, Madras
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S.M.SUBRAMANIAM,J.
AND
V.SIVAGNANAM,J.
ss
28.10.2024
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