Madras High Court
Ranjith vs The State Of Tamilnadu on 1 April, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.398 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
H.C.P.No.398 of 2025
Ranjith ... Petitioner/
Detenu
Vs.
1. The State of Tamilnadu,
Rep. by its Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai - 600 009.
2. The Commissioner of Police,
Salem City,
Office of the Commissioner of Police,
Linemedu, Salem - 636 006.
3. The Superintendent of Prison,
Central Prison, Salem,
Salem District.
4. The Inspector of Police,
NIB CID, Salem Unit,
Salem District. ... Respondents
Page 1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
HCP.No.398 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the records relating to the
Detention Order vide C.M.P.No.108/Drug Offender/Salem City/2024 dated
09.12.2024, passed by the second respondent and quash the same and
direct the respondent herein to produce the petitioner/detenu namely
Ranjith, S/o.Shanmuga Sundaram, aged 29 years, (who is presently under
going detention in the Central Prison, Salem), before this Hon'ble Court
and set him at liberty.
For Petitioner : Mr.N.Arun Kumar
For Respondents : Mr.R.Muniyaparaj
Additional Public Prosecutor
assisted by Mr.M.Sylvester John
-----
ORDER
M.S.RAMESH, J.
AND
N.SENTHILKUMAR, J.
The petitioner/detenu viz., Ranjith, S/o.Shanmuga Sundaram, aged
about 29 years, confined at Central Prison, Salem, has come forward with
this petition challenging the detention order passed by the second
respondent dated 09.12.2024 branding him as "Drug Offender" under the
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video
Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
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
passing the order of detention.
4. In the instant case, the detenue was arrested on 09.10.2024 and
thereafter, the detention order came to be passed on 09.12.2024. 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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
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
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.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
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 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.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
8. Accordingly, the detention order passed by the second respondent
on 09.12.2024 in C.M.P.No.108/Drug Offender/Salem City/2024, is hereby
set aside and the Habeas Corpus Petition is allowed. The detenu viz.,
Ranjith, aged 29 years, S/o. Shanmuga Sundaram, confined at Central
Prison, Salem, is directed to be set at liberty forthwith, unless his
confinement is required in connection with any other case.
[M.S.R, J.] [N.S, J.]
01.04.2025
ASI
To
1. The Secretary to Government,
Home, Prohibition and Excise Department,
Fort St.George, Chennai - 600 009.
2. The Commissioner of Police,
Salem City,
Office of the Commissioner of Police,
Linemedu, Salem - 636 006.
3. The Superintendent of Prison,
Central Prison, Salem,
Salem District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
4. The Inspector of Police,
NIB CID, Salem Unit,
Salem District.
5. The Public Prosecutor,
High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
ASI
01.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 04:30:54 pm )
