Ellamalli v. State Of Tamilnadu, Rep By The Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.11.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.1739 of 2025 Ellamalli ... Petitioner/Mother of detenue
Versus
1. The State of Tamil Nadu Rep. By the Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai - 600 009
2. The Commissioner of Police Greater Chennai Police Vepery, Chennai - 600 007
3. The Superintendent of Central Prison Central Prison, Puzhal, Chennai - 600 066
4. The Inspector of Police K-6, T.P.Chathram Police Station Chennai .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the records in Memo No.521/BBCDEFGISSSV/2025 dated 31.07.2025 passed by the 2nd 1/6
respondent under the Tamil Nadu Act 14 of 1982 and set aside the same as illegal and direct the respondents to produce the petitioner's son Santhoshkumar @ Janda, S/o.Sathyamoorthy aged about 24 years the detenue, as Goonda, now, he is confined in Central Prison, Puzhal, Chennai before this Hon'ble Courtj and set him at liberty. For Petitioner :
Mr.C.Jagan For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, who is the mother of the detenu Santhoshkumar @ Janda, S/o.Sathyamoorthi, male, aged 24 years, has come forward with this petition challenging the detention order passed by the second respondent dated 31.07.2025 bearing reference in Memo No.521/BBCDEFGISSSV/2025 slapped on his son under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds have been raised by the petitioner in the 2/6
habeas corpus petition assailing the detention order, in the hearing, learned counsel for petitioner submitted that live and proximate link between the grounds of detention and purpose of detention has snapped as petitioner was arrested on 24.06.2025 but the impugned detention order has been passed on 31.07.2025.
4. Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor, submits to the contrary by saying that materials had to be collected /collated and time was consumed in this exercise. Considering the facts and circumstances of the case and nature of ground case, we find that this explanation of learned Prosecutor is unacceptable.
5. In Sushanta Kumar Banik's case [Sushanta Kumar Banik Vs. State of Tripura & others reported in 2022 LiveLaw (SC) 813 : 2022 SCC OnLine SC 1333] which 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, 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 3/6
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 this matter falls under latter facet i.e., unexplained delay. Hence, on this ground, the detention order is liable to be set aside.
6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the 2nd respondent dated 31.07.2025 in Memo No.521/BBCDEFGISSSV/2025 is hereby set aside. The detenu viz., Santoshkumar, S/o.Sathyamoorthy, male, aged 24 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [N.S.K.,J.] [M.J.R.,J.] 04.11.2025 Index: Yes/No dhk To 4/6
1. The Additional Chief Secretary Prohibition and Excise Department Secretariat, Fort St.George, Chennai - 600 009
2. The District Collector and District Magistrate Tiruvallur District
3. The Superintendent of Prison Tiruvallur District
4. The Superintendent of Police Central Prison - II, Puzhal Chennai District
5. The Inspector of Police K-6, T.P.Chathram Police Station Chennai
6. The Joint Secretary to Government Public (Law & Order) Fort Saint George, Chennai - 9 7.The Public Prosecutor High Court, Madras.
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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., dhk H.C.P.No.1739 of 2025 04.11.2025 6/6