Deepa v. State of Tamilnadu Rep. by the Additional Chief Secretary to Government

ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The mother of one Sabarinathan (detenu), S/o. Panjalingam, who was detained as a 'Drug Offender' under Section 2(e) of the Tamil Nadu Act 14 of 1982 (in short 'Act') has approached this Court challenging the order of detention dated 14.11.2025.

¶2We have heard Mr.M.N.Balakrishnan, learned counsel for petitioner and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side), for the respondents.

¶3It is seen from the impugned order and the grounds of detention that the detenu was arrested on 14.10.2025 and he was detained on 14.11.2025. We do not find any satisfactory explanation for the delay in passing the order of detention either in the grounds of detention or in the counter affidavit filed by the 2nd respondent. Hence, we are of the view that the live and proximate link Page3 of 6 between grounds of detention and the purpose of detention stands snapped.

¶4In Sushanta Kumar Banik Vs. State of Tripura (2022 LiveLaw (SC) 813), a similar issue arose, and the relevant discussion 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 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."

¶5Drawing 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 (2023 SCC OnLine Mad 6332), had held that when there is an inordinate delay between the date of arrest/date of proposal and 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.

¶6In yet another case i.e., in Nagaraj Vs. State of Tamil Nadu, ((2018) 3 MWN (Cri) 428), this Court had held that the delay of 36 days in passing the Page4 of 6 detention order after the arrest of the detenu would snap the live and proximate link between the grounds and purpose of detention. In the present case, the delay is more than a month, 38 days to be exact, and unexplained and for this reason, vitiates the order, rendering it liable to be quashed.

¶7In light of the aforesaid discussion, we are of the considered view that there is neither a proximate link between the arrest (14.10.2025) and order of detention (14.11.2025), and nor is there any credible material brought on record by the detaining authority to substantiate his subjective satisfaction.

¶8Hence, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Cr.M.P,No.49/D.O/2025 dated 14.11.2025 is set aside.

¶9The detenu, viz., Sabarinathan, S/o. Panjalingam, male aged 29 years, confined in Central Prison, Coimbatore, 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.) 07-07-2026 Index: Yes/No Speaking DP Note: Issue today Page5 of 6 To

¶1State of Tamilnadu Rep. by the Additional Chief Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

¶2The District Collector and District Magistrate Office of The District Collector and District Magistrate, Coimbatore District.

¶3The Superintendent of Police Coimbatore District.

¶4The Superintendent of Prison Central Prison, Coimbatore District.

¶5The Inspector of Police Prohibition Enforcement Wing, Perur, Coimbatore District.

¶6The Public Prosecutor, Madras High Court. HCPoNo.o601oofo2026 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. DP HCPoNo.o601oofo2026 07-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Deepa W/o.Panjalingam, No. 7/35, School Street, Pongaliyur, Kottur, Anaimalai Taluk, Coimbatore District. ..Petitioner(s) Vs 1. State of Tamilnadu Rep. by the Additional Chief Secretary to Government Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009. 2. The District Collector and District Magistrate Office of The District Collector and District Magistrate, Coimbatore District. 3. The Superintendent of Police Coimbatore District. 4. The Superintendent of Prison Central Prison, Coimbatore District. 5. The Inspector of Police Prohibition Enforcement Wing, Perur, Coimbatore District. ..Respondent(s) Page2 of 6 Petition filed under Article 226 of the Constitution of India, praying to call for the records relating to the detention order vide Cr.M.P.No. 49/D.O/2025 dt. 14.11.2025 passed by the 2nd respondent and quash the same and direct the respondents herein to produce the petitioner's son namely by Sabarinathan S/o.Panjalingam, aged 28 years (who is presently under going detention in the Central Prison, Coimbatore) before this Honble Court and set him at liberty. For Petitioner(s): Mr.M.N.Balakrishnan For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Crl. Side)