2026:MHC:2794 HCP No. 24 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 24 of 2026 Mahesh Kumar Ram S/o. Gaya Ram, Having Permanent residence at, Nainaghat, Gram Nainaghat M, Bhalpatti Post, Dharbanga District-847239. Presently at Hot Chips Restaurants, No.225, NSC Bose Road, Chennai-600 001. ..Petitioner/ Friend of Detenu Vs 1. The Additional Chief Secretary to the Government Government of Tamilnadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai – 600009. 2. The Commissioner of Police Greater Chennai Police, O/o. Commissioner of Police (Goondas Section), Vepery, Chennai-600007. 3. The Inspector of Police D-6, Anna Square Police Station, Chennai. 4. The Superintendent of Prison Central Prison, Puzhal, Chennai. https://www.mhc.tn.gov.in/judis 2026:MHC:2794 HCP No. 24 of 2026 __________ ..Respondent(s) Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the entire records connected with the order of the 2nd respondent herein concerned in Detention order No.951/BBCDEFGISSSV/2025, dated 15.11.2025 and quash the order of detention passed therein by the 2nd respondent herein against the detenue and directing the respondents herein to produce the body and person of the detenue by name Raghunandan Kumar, son of Tipan Saday, Male aged about 29 years, having permanent residence at Gram Vasudevpur Post, Bhushkaul, Dharbanga District, Bihar State 847 306, now detained at Central Prison, Puzhal, Chennai before this Court and setting him at liberty. For Petitioner(s): Mr.S.M.Nandhie Devhan For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side) ORDER (Order of the Court was made by Sunder Mohan J.) The friend of the detenu – Raghunandan Kumar, S/o.Tipan Saday, aged about 29 years, has filed this petition challenging the detention order dated 15.11.2025, branding him as a ‘Drug Offender’ under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982). https://www.mhc.tn.gov.in/judis 2026:MHC:2794 HCP No. 24 of 2026 __________ 2. Heard the learned counsel for the petitioner and the learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents. 3. It is seen from the impugned order and the grounds of detention that the detenu was arrested on 12.10.2025 and he was detained on 15.11.2025. The respondents have not satisfactorily explained the delay in passing the order of detention either in the grounds of detention or in the counter affidavit. We are of the view that in view of the delay, the live and proximate link between grounds of detention and the purpose of detention, is snapped. In this regard, we may rely upon the judgment of the Hon’ble Supreme Court in 'Sushanta Kumar Banik Vs. State of Tripura', reported in '2022 SCC OnLine SC 1333' and the relevant paragraph reads as follows: “21. 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 https://www.mhc.tn.gov.in/judis 2026:MHC:2794 HCP No. 24 of 2026 __________ 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.” 4. 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 the grounds and purpose of detention would stand snapped. 5. 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 2026:MHC:2794 HCP No. 24 of 2026 __________ 6. In light of the above discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in No.951/ BBCDEFGISSSV/2025 dated 15.11.2025 is set aside. 7.The detenu, viz.,Raghunandan Kumar, S/o.Tipan Saday, aged about 29 years, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Issue order copy today ars https://www.mhc.tn.gov.in/judis 2026:MHC:2794 HCP No. 24 of 2026 __________ DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. ars To 1. The Additional Chief Secretary to the Government Government of Tamilnadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai – 600009. 2. The Commissioner of Police Greater Chennai Police, O/o. Commissioner of Police (Goondas Section), Vepery, Chennai-600007. 3. The Inspector of Police D-6, Anna Square Police Station, Chennai. 4. The Superintendent of Prison Central Prison, Puzhal, Chennai. 5. The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009. 6. The Public Prosecutor, High Court of Madras. HCP No. 24 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis