Madras High Court
Shanthi Mary vs The Secretary To The Government on 16 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
HCP.No.665 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
H.C.P.No.665 of 2025
Shanthi Mary
Petitioner(s) /mother of the detenue
Vs
1. The Secretary to the Government,
Government of Tamil Nadu, (Home)
Prohibition and Excise Dept. Fort St.
George, Chennai- 600009.
2.The District Collector/
District Magistrate, Cuddalore,
Cuddalore District.
3.The Superintendent of Police,
Cuddalore, Cuddalore District.
4.The superintendent,
Central Prison, Cuddalore.
5.The Inspector of Police,
Annamalai Nagar Police Station,
Cuddalore District.
(crime No.05/2025)
Respondent(s)
Page 1 of 8
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HCP.No.665 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a writ of Habeas Corpus, calling for the entire records connected with
the order of the 2nd respondent herein concerned in C3/D.O/22/2025, dated
16.02.2025 and quash the order of detention passed therein by the 2nd
respondent herein against the detenue and directing the respondents herein
to produce the body or person of the detenue by name Vijay, Son of Mani
aged about 24 years, now detained at Central prison, Cuddalore, before this
court and setting him at liberty forthwith.
For Petitioner : Mr.M.Ragul Kousik
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and
V. LAKSHMINARAYANAN, J.
The petitioner herein, who is the mother of the detenu, Vijay, son of
Mani, aged about 24 years, now detained at Central prison, Cuddalore, has
come forward with this petition challenging the detention order passed by
the second respondent dated 16.02.2025 slapped on her son, branding him
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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].
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 09.01.2025 and
thereafter, the detention order came to be passed on 16.02.2025. 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
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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
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.”
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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.
8. Accordingly, the detention order passed by the second respondent
on 16.02.2025 in C3/D.O/22/2025, is hereby set aside and the Habeas
Corpus Petition is allowed. The detenu viz., Vijay, Son of Mani, aged about
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24 years, now detained at Central prison, Cuddalore, 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]
16.06.2025
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
To
1. The Secretary to the Government,
Government of Tamil Nadu, (Home)
Prohibition and Excise Dept. Fort St.
George, Chennai- 600009.
2.The District Collector/
District Magistrate, Cuddalore,
Cuddalore District.
3.The Superintendent of Police,
Cuddalore, Cuddalore District.
4.The superintendent,
Central Prison, Cuddalore.
5.The Inspector of Police,
Annamalai Nagar Police Station,
Cuddalore District.
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6.The Joint Secretary,
Law and Order Department,
Secretariat, Chennai
7.The Public Prosecutor,
High Court, Madras.
M.S.RAMESH, J.
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and
V. LAKSHMINARAYANAN, J.
Anu
16.06.2025
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