H.C.P.No.388 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR H.C.P.No.388 of 2025 Franklin ... Petitioner Vs. 1.State of Tamilnadu Rep. by its Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai -9 2.The District Magistrate and District Collector Thiruvallur District Thiruvallur 3.The Superintendent of Prisons Central Prison, Puzhal -II Chennai 600 066 4.The Superintendent of Police Chinna Ekadu Jaya nagar Tiruvallur 602001 5.State By https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 The Inspector of Police PEW, Thiruvallur Thiruvallur 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 with the grounds of detention in BCDFGISSSV No.35/2024, detention order dated 03.09.2024, passed by the 2nd respondent herein against the petitioner / detenu herein FRAKLIN, S/o.Amulraj, aged 23 years, branding and detaining him under Tamilnadu Act 14 of 1982 as "Drug Offender" and the same may be quashed by this Court and to direct the respondents to produce the petitioner before this Court and set the petitioner at liberty. For Petitioner : Mr.S.Vijayaraghavan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvestor John ORDER M.S.RAMESH, J. AND N.SENTHILKUMAR , J. The petitioner herein, who is the detenu viz. Franklin, S/o.Amulraj, aged about 23 years, has come forward with this petition challenging the detention order passed by the second respondent dated 03.09.2024 slapped https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 on him, 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]. 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 08.02.2024 and thereafter, the detention order came to be passed on 03.09.2024. 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 https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 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.” https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 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 03.09.2024 in BCDFGISSSV No.35/2024, is hereby set aside and the Habeas Corpus Petition is allowed. The petitioner / detenu viz., Franklin, https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 aged about 23 years, S/o.Amulraj, confined at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [M.S.R, J.] [N.S, J.] 28.03.2025 Index: Yes/No Neutral Citation: Yes/No kas To 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai -9 2.The District Magistrate and District Collector Thiruvallur District Thiruvallur 3.The Superintendent of Prisons Central Prison, Puzhal -II Chennai 600 066 4.The Superintendent of Police Chinna Ekadu Jaya nagar Tiruvallur 602001 5.The Inspector of Police https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 PEW, Thiruvallur Thiruvallur District 6.The Public Prosecutor, High Court of Madras, Chennai 600 104. https://www.mhc.tn.gov.in/judis H.C.P.No.388 of 2025 M.S.RAMESH, J. and N.SENTHILKUMAR , J. kas H.C.P.No.388 of 2025 28.03.2025 https://www.mhc.tn.gov.in/judis