Madras High Court
Nandhini vs State Of Tripura' on 22 January, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
H.C.P.No.29 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
H.C.P.No.29 of 2025
Nandhini
W/o Sadam Sharif .. 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 of Prison
Central Prison, Puzhal
Chennai 600 066
4. The Inspector of Police
Law and Order
N3 Muthialpettai Police Station
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
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H.C.P.No.29 of 2025
the detention order passed by the 2nd respondent pertaining to the order made
in B.C.D.F.G.I.S.S.S.V.No.1202/2024 dated 06.12.2024 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 petitioner's husband
Sadam Sharif, Son of Usman Sharif, aged about 30 years, who is detained at
Central Prison, Puzhal, Chennai before this Hon'ble Court and set him at
liberty.
For Petitioner :: Mr.P.Sunderarajan
For Respondents :: Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The petitioner, who is the wife of the detenu, viz., Sadam Sharif, S/o
Usman Sharif, aged 30 years, now confined at Central Prison, Puzhal,
Chennai has come forward with this petition challenging the detention order
passed by the second respondent in proceedings No.1202/BCDFGISSSV/
2024 dated 06.12.2024.
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
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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 30.10.2024 and
thereafter, the detention order came to be passed on 06.12.2024. 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
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
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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',
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 proceedings No.1200/BCDFGISSSV/2024 dated 06.12.2024 is hereby
set aside and the habeas corpus petition is allowed. The detenu viz., Sadam
Sharif, S/o Usman Sharif, aged 30 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/no (S.M.S.,J.) (M.J.R.,J.)
Neutral citation : yes/no 22.01.2025
ss
To
1. The Additional Chief Secretary to Government
Home, Prohibition and Excise Department
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Fort St.George, Chennai 600 009
2. The Commissioner of Police
Greater Chennai
3. The Superintendent of Prison
Central Prison, Puzhal
Chennai 600 066
4. The Inspector of Police
Law and Order
N3 Muthialpettai Police Station
Chennai
5. The Public Prosecutor
High Court, Madras
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S.M.SUBRAMANIAM,J.
AND
M.JOTHIRAMAN,J.
ss
22.01.2025
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