Lakshmi v. State Of Taminadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Lakshmi W/o.Kandaiya ..
Petitioner/ Mother of detenu Vs.
1.
The State of Tamil Nadu Rep. By the Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat Chennai - 600 009 2.
The Commissioner of Police/ Detaining Authority Tiruppur City Police Sirupooluvapatti Tiruppur - 641 687 3.
The Superintendent of Prison Central Prison Coimbatore Coimbatore - 641 018 4.
The Inspector of Police(Crime) Page Nos.1/9
North Police Station, Tiruppur City Tiruppur - 641 602 ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records in Memo No.C.No.64/G/IS/Tiruppur City/2022 dated 23.08.2022 on the file of second respondent herein to set aside the same and direct the respondents to produce the detenu Nallakannu, S/o.Kandaiya, male aged about 21 years, now confined at Central Prison, Coimbatore, before this Court and set him at liberty.
For Petitioner :
Mr.D.Amalraj For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.Sylvester John Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] When the matter came up for admission on 28.02.2023, this Bench made an order and a scanned reproduction of the same is as follows: Page Nos.2/9
Page Nos.3/9
Page Nos.4/9
2. Mr. D.Amalraj, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.Sylvester John, Advocate, for all respondents are before us.
3. Though in the admission Board, learned counsel projected his case on order of approval and confirmation not being communicated to the detenu immediately, today in final disposal, projected his argument on 'live and proximate link' between the grounds of detention and purpose of detention had snapped, as detenu was arrested on 09.07.2022 but the impugned detention order has been made only on 23.08.2022.
4. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, submits to the contrary by saying that materials had to be collected and time was consumed for the same. Considering the facts and circumstances of the case and nature of ground case, we find that this explanation of learned Prosecutor is unacceptable.
5. We remind ourselves of Sushanta Kumar Banik's case [Sushanta Kumar Banik Vs. State of Tripura & others reported in 2022 LiveLaw Page Nos.5/9
(SC) 813 : 2022 SCC OnLine SC 1333]. To be noted, Banik case law arose under 'Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988' [hereinafter 'PIT NDPS Act' for the sake of brevity] in Tirupura, wherein after considering the proposal by the Sponsoring Authority and after noticing the trajectory the matter took, Hon'ble Supreme Court held that the 'live and proximate link between grounds of detention and purpose of detention snapping' point should be examined on a case to case basis. Hon'ble Supreme Court has held in Banik case law that this point has two facets. One facet is 'unreasonable delay' and other facet is 'unexplained delay'. We find that the captioned matter falls under latter facet i.e., unexplained delay.
6. To be noted, Banik case has been respectfully followed by this Court in Gomathi Vs.The Principal Secretary to Government and others reported vide Neutral Citation of Madras High Court being 2023/MHC/334, Sadik Basha Yusuf Vs. The State of Tamil Nadu and others reported vide Neutral Citation of Madras High Court being 2023/MHC/733, Sangeetha Vs. The Secretary to the Government and Page Nos.6/9
others reported vide Neutral Citation of Madras High Court being 2023:MHC:1110, N.Anitha Vs. The Secretary to Government and others reported vide Neutral Citation of Madras High Court being 2023:MHC:1159 and a series of other orders in HCP cases.
7. Before concluding, we also remind ourselves that preventive detention is not a punishment and HCP is a high prerogative writ.
8. Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 23.08.2022 bearing reference C.No.64/G/IS/Tiruppur City/2022 made by the second respondent is set aside and the detenu Thiru.Nallakannu, aged 21 years, son of Thiru.Kandaiya is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 29.03.2023 Index : Yes Speaking gpa P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Coimbatore Page Nos.7/9
To 1.
The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat Chennai - 600 009 2.
The Commissioner of Police/ Detaining Authority Tiruppur City Police Sirupooluvapatti Tiruppur - 641 687 3.
The Superintendent of Prison Central Prison Coimbatore Coimbatore - 641 018 4.
The Inspector of Police(Crime) North Police Station, Tiruppur City Tiruppur - 641 602 5.
The Public Prosecutor Madras High Court, Chennai Page Nos.8/9
M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa 29.03.2023 Page Nos.9/9