HCP No. 1527 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-09-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR H.C.P No. 1527 of 2025 1. J.Jomesh S/o.Jyothi Kumar, Kunnathur Veedu, Mamana, Jellippara, Agali, Palakad, Kerala State. Now Confined at Central Prison, Coimbatore, Coimbatore District. Petitioner(s) Vs 1. The Secretary To Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009. 2.The Commissioner Of Police/detaining Authority, Coimbatore City, Coimbatore District. 3.The Superintendent Of Prison, Central Prison, Coimbatore. 4.The State rep by. the Inspector Of Police, Katoor Police Station, Coimbatore District. Respondent(s) https://www.mhc.tn.gov.in/judis HCP No. 1527 of 2025 PRAYER The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records in connection with the order of Detention passed by the 2 nd respondent dated 13.05.2025 in C.No.85/G/IS/2025 against the petitioner J.Jomesh, M/30 Years, Son of Jyothi Kumar, who is confined at Central Prison, Coimbatore and set aside the same and consequently direct the respondents to produce the detenue before the Hon'ble Court and set him at liberty. For Petitioner(s): Mr. A.Saranraj For Respondent(s): Mr.A.Gokulakrishnan Additional Public Prosecutor ORDER J.NISHA BANU J. and S.SOUNTHAR J. The petitioner / detenu viz., Jomesh, S/o.Jyothi Kumar, aged about 30 years, confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 13.05.2025 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 https://www.mhc.tn.gov.in/judis HCP No. 1527 of 2025 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 11.04.2025 and thereafter, the detention order came to be passed on 13.05.2025. 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 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 https://www.mhc.tn.gov.in/judis HCP No. 1527 of 2025 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.” 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. https://www.mhc.tn.gov.in/judis HCP No. 1527 of 2025 8. Accordingly, the detention order passed by the second respondent on 13.05.2025 in C.No.85/G/IS/2025, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Jomesh, S/o.Jyothi Kumar, aged about 30 years, confined at Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. (J.NISHA BANU J.) (S.SOUNTHAR J.) 16-09-2025 ASI To 1.The Secretary To Government, Home, Prohibition and Excise Department, Secretariat, Chennai -600 009. 2.The Commissioner of Police/ Detaining Authority, Coimbatore City, Coimbatore District. 3.The Superintendent Of Prison, Central Prison, Coimbatore. 4. The Inspector Of Police, Katoor Police Station, Coimbatore District. 5. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis HCP No. 1527 of 2025 J.NISHA BANU J. AND S.SOUNTHAR J. ASI H.C.P No. 1527 of 2025 16-09-2025 https://www.mhc.tn.gov.in/judis