Deepika v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE L. VICTORIA GOWRI HABEAS CORPUS PETITION(MD)No.378 of 2025 Deepika ... Petitioner vs.

1. The State of Tamil Nadu rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai -600 009.

2. The District Collector and District Magistrate, / Detaining authority, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

4.The Inspector of Police, Prohibition Enforcement Wing, Musiri, Thuraiyur unit, Tiruchirappalli District.

... Respondents Page No.1 of 7

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records relating to the detention order in Cr.M.P.No.23/2024, dated 16.12.2024 passed by the 2nd respondent under the Tamil Nadu Act, 14 of 1982 and set aside the same and direct the respondents to produce the body and person of the detenue namely Vikneshwaran alias Dharaneswaran, S/o. Raja, male aged 19 years, now confined in Central Prison, Tiruchirappalli, Tiruchirappalli District before this Court and set him at liberty.

For Petitioner : Mr.R. Vijayaragavan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner is the sister detenu viz., Vikneshwaran alias Dharaneswaran, S/o. Raja, aged 19 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.23/2024, dated 16.12.2024 holding him to be a "Drug offender", as contemplated under Section 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this habeas corpus petition.

2. We have heard the learned counsel appearing for the petitioner Page No.2 of 7

and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though several grounds have been raised in the habeas corpus petition, learned counsel appearing for the petitioner would mainly focus his arguments on the ground that there is an inordinate delay between the arrest of the detenu and passing the impugned detention order. In this case, the detenu was arrested on 26.10.2024, and the impugned detention order came to be passed only on 16.12.2024 i.e., after a lapse of 1 1⁄2 months. This inordinate delay in passing the detention order would vitiate the same. He further submitted that there is no live and proximate link between the date of arrest and the date of the detention order. Hence, on this ground, the present impugned detention order is also liable to be set aside.

4. Learned Additional Public Prosecutor appearing for the respondents strongly opposed the habeas corpus petition by filing his counter. He would submit that though there was a delay in passing the impugned detention order, on that score alone, it cannot be quashed. According to the learned Additional Public Prosecutor, no prejudice has been caused to the detenu and therefore prays for dismissal of the habeas corpus petition. Page No.3 of 7

5. Though it has been stated by the respondents that collection of details has caused the delay in passing the impugned detention order, a perusal of the grounds of the detention order passed by the detaining authority shows that this is only the ground case and there are two adverse cases pending against him. The detenu was arrested in the ground case as early as on 26.10.2024 and the detention order was passed on 16.12.2024. This shows an inordinate delay in passing the detention order, which is also unexplained. The live and proximate link between the arrest of the detenu and the need for passing the order of detention has snapped. Thus, on this sole ground alone, the impugned order of detention is liable to be set aside.

6. In the case of Sushanta Kumar Banik vs. State of Tripura, reported in 2022 SCC Online (SC) 1333, when there was an inordinate delay from the date of proposal till passing of the detention order and likewise, between the date of actual arrest and the date of detention order, the Honourable Supreme Court has held that the live and proximate link, between the grounds and the purpose of detention, stands snapped throwing a considerable doubt on the genuineness of the requisite satisfaction of the detaining authority in passing the detention order unless such delay is satisfactorily explained and Page No.4 of 7

consequently making it invalid. The relevant portion 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."

7. In view of the above, as pointed out by the counsel for the petitioner, the delay has not been satisfactorily explained, thereby vitiating and invalidating the detention order.

8. In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.23/2024, dated 16.12.2024, passed by the second Page No.5 of 7

respondent is set aside. The detenu, viz., Vikneshwaran alias Dharaneswaran, S/o. Raja, aged 19 years, is directed to be released forthwith unless his detention is required in connection with any other case. [A.D.J.C., J.] [L.V.G., J.] 13.08.2025 Index : Yes / No : Yes / No trp To:

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai -600 009.

2. The District Collector and District Magistrate, / Detaining authority, Tiruchirappalli District, Tiruchirappalli.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

4.The Inspector of Police, Prohibition Enforcement Wing, Musiri, Thuraiyur unit, Tiruchirappalli District.

5. The Additional Public Prosecutor, Madurai Bench of Madars High Court, Madurai.

Page No.6 of 7

A.D.JAGADISH CHANDIRA, J.

AND L. VICTORIA GOWRI, J.

trp ORDER MADE IN DATED : 13.08.2025 Page No.7 of 7