Madras High Court
Shamsan Nhath vs The Principal Secretary To The ... on 9 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
H.C.P.No.442 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
H.C.P.No.442 of 2025
Shamsan Nhath ... Petitioner
Vs.
1.The Principal Secretary to the Government
Home, Prohibition and Excise (XVI) Department
Secretariat
Chennai 600 009
2.The District Magistrate and District Collector
Erode District
3.The Superintendent of Police
Erode District
4.The Superintendent of Prison
Central Prison, Coimbatore - 18
5.The Inspector of Police
Erode Town PEW Police Station
Erode District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, calling for the entire records in connection
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H.C.P.No.442 of 2025
with the order of detention passed by the second respondent dated
26.01.2025 in Cr.M.P.No.03 / Drug Offender / 2025 C1 against petitioner's
husband Ashadul Islam, male aged 29 years, S/o.Fakrul Islam, who is
confined at Central Prison, Coimbatore and set aside the same and direct
the respondent to produce the detenu before this Court and set him at
liberty.
For Petitioner : Mr.S.Selvakumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
The petitioner herein, who is the wife of detenu viz. Ashadul Islam,
aged about 29 years, S/o.Late Fakrul Islam, has come forward with this
petition challenging the detention order passed by the second respondent
dated 26.01.2025 slapped on her husband, branding him as "Drug
Offender" 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 Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
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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 17.12.2024 and
thereafter, the detention order came to be passed on 26.01.2025. 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:-
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“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.
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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.
8. Accordingly, the detention order passed by the second respondent
on 26.01.2025 in Cr.M.P.No.03/Drug Offender/2025 C1, is hereby set aside
and the Habeas Corpus Petition is allowed. The petitioner / detenu viz.,
Ashadul Islam, male, aged 29 years, S/o.Late Fakrul Islam, confined at
Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless
his confinement is required in connection with any other case.
[M.S.R, J.] [V.L.N, J.]
09.06.2025
kas
Index: Yes/No
Neutral Citation
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M.S.RAMESH, J.
and
V.LAKSHMINARAYANAN, J.
kas
To
1.The Principal Secretary to the Government
Home, Prohibition and Excise (XVI) Department
Secretariat
Chennai 600 009
2.The District Magistrate and District Collector
Erode District
3.The Superintendent of Police
Erode District
4.The Superintendent of Prison
Central Prison, Coimbatore - 18
5.The Inspector of Police
Erode Town PEW Police Station
Erode District
6.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
09.06.2025
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