Madras High Court
Perumal vs The Additional Chief Secretary To ... on 3 February, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.105 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
H.C.P.No.105 of 2025
PERUMAL
S/o. Ammasi, No.89, Real Plant, Tsunami Kudyiruppu,
Sellur, Velipalayam Post, Velipalayam Police Station
Limit, Nagapattinam Taluk, Nagapattinam District.
Petitioner(s) /father of the detenue
Vs
1.The Additional Chief Secretary To Government,
Home. Prohibition And Excise Department, Fort
St.George, Chennai - 600 009.
2. District Collector And
District Magistrate,
Nagapattinam District.
3. The Superintendent Of Police,
Nagapattinam District.
4. The Superintendent,
Central Prison,
Tiruchirappalli.
5. The Inspector Of Police,
Velipalayam Police Station,
Nagapattinam District.
Respondent(s)
Page 1 of 6
https://www.mhc.tn.gov.in/judis
HCP.No.105 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 passed by the second respondent pertaining to the order made in
C.O.C.No.34/2024 dated 06.11.2024 in detain the detenue under 2(b) of
Tamil Nadu Act 14 of 1982, as bootlegger and quash the same and direct the
respondent to produce his son, Jayapandi, son of Perumal, aged about 45
years, who is detained at Central Prison, Tiruchirappalli before this Court
and set him at liberty.
For Petitioner : Mr.G.Nirmal Krishnan
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
The petitioner herein, who is the father of the detenu, Jayapandi, son
of Perumal, aged about 45 years, has come forward with this petition
challenging the detention order passed by the second respondent dated
06.11.2024 slapped on his son, branding him as "Bootlegger" 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
https://www.mhc.tn.gov.in/judis
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 detenu was arrested on 22.09.2024 and
thereafter, the detention order came to be passed on 06.11.2024. 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:-
https://www.mhc.tn.gov.in/judis
“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.”
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',
https://www.mhc.tn.gov.in/judis
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.
8. Accordingly, the detention order passed by the second respondent
on 06.11.2024 in C.O.C.No.34/2024, is hereby set aside and the Habeas
Corpus Petition is allowed. The detenu viz., Jayapandi, son of Perumal,
aged about 45 years, 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]
03.02.2025
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
https://www.mhc.tn.gov.in/judis
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
Anu
To
1.The Additional Chief Secretary To Government,
Home. Prohibition And Excise Department, Fort
St.George, Chennai - 600 009.
2. District Collector And
District Magistrate,
Nagapattinam District.
3. The Superintendent Of Police,
Nagapattinam District.
4. The Superintendent,
Central Prison,
Tiruchirappalli.
5. The Inspector Of Police,
Velipalayam Police Station,
Nagapattinam District.
6.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
03.02.2025
https://www.mhc.tn.gov.in/judis
