Madras High Court
Subbulakshmi vs The State Rep By Its on 3 November, 2025
Author: N.Sathish Kumar
Bench: N. Sathish Kumar
HCP No. 1807 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
HCP No. 1807 of 2025
Subbulakshmi
W/o. Ramadoss, No. 415, F Block,
Sunami Quarters, Tondiarpet,
Chennai District.
Petitioner(s)
Vs
1. The State Rep By Its,
Government Of Tamil Nadu,
Rep By Its,
The Additional Chief Secretary,
Home Prohibition And Excise Department,
Secretariat, Chennai.
2.The Commissioner of Police
Greater Chennai.
3.The Superintendent of Prison,
Central Prison, Puzhal,
Chennai District.
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HCP No. 1807 of 2025
4.The Inspector Of Police
Tondiarpet Police Station,
Chennai District.
Respondent(s)
PRAYER
This writ of Habeaus Corpus Petition filed under Article 226 of the
Constitution of India to issue a writ of habeas to call for the records in
detention order passed in No. 498/BBCDEFGISSSV/2025 dated 24.07.2025 on
the file of the 2nd respondent herein and quash the same and direct the
respondents herein to produce the person or body of the petitioner's son
Thiru.Nagaraj S/o. Ramadoss, M/A, 23 years, now confined in Central Prison,
Puzhal, Chennai before this Hon'ble court and set him at liberty.
For Petitioner(s): Mr. D.Padmanabhan
For Respondent(s): Mr. A.Gokulakrihnan,
Addl. Public Prosecutor
ORDER
(Order of the Court was made by N.Sathish Kumar J.) The petitioner, who is the mother of the detenu Nagaraj, male, aged 23 years, son of Ramadoss, has come forward with this petition challenging the detention order passed by the second respondent dated 24.07.2025 bearing 2/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 08:44:00 pm ) HCP No. 1807 of 2025 reference No. 498/BBCDEFGISSSV/2025 slapped on her son, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds have been raised by the petitioner in the habeas corpus petition assailing the detention order, in the hearing, learned counsel for petitioner submitted that live and proximate link between the grounds of detention and purpose of detention has snapped as the petitioner's son was remanded to judicial custody on 18.06.2025 but the impugned detention order has been passed on 24.07.2025.
4. Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor, 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 08:44:00 pm ) HCP No. 1807 of 2025 submits to the contrary by saying that materials had to be collected /collated and time was consumed in this exercise. Considering the facts and circumstances of the case and nature of ground case, we find that this explanation of learned Prosecutor is unacceptable.
5. In Sushanta Kumar Banik's case [Sushanta Kumar Banik Vs. State of Tripura & others reported in 2022 LiveLaw (SC) 813 : 2022 SCC OnLine SC 1333] which arose under 'Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988' [hereinafter 'PIT NDPS Act' for the sake of brevity] in Tirupura, after considering the proposal by the Sponsoring Authority and after noticing the trajectory the matter took, Hon'ble Supreme Court held that the 'live and proximate link between grounds of detention and purpose of detention snapping' point should be examined on a case to case basis. Hon'ble Supreme Court has held in Banik case law that this point has two facets. One facet is 'unreasonable delay' and other facet is 'unexplained delay'. We find that the this matter falls under latter facet i.e., unexplained delay. Hence, on this ground, the detention order is liable to be set aside.
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6. In the result, this Habeas Corpus Petition is allowed and the detention order passed by the 2nd respondent dated 24.07.2025 in Memo No. 498/BBCDEFGISSSV/2025 is hereby set aside. The detenu viz., Nagaraj, son of Ramadoss, aged 23 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.
(N.SATHISH KUMAR, J.) (M.JOTHIRAMAN, J.) 03-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mrp To
1. The Additional Chief Secretary, Home Prohibition And Excise Department, Secretariat, Chennai.
2.The Commissioner Of Police Greater Chennai.
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3.The Superintendent Of Prison, Central Prison Puzhal, Chennai District.
4.The Inspector Of Police Tondiarpet Police Station, Chennai District.
5. The Public Prosecutor, High Court of Madras, Chennai.
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AND M.JOTHIRAMAN J.
mrp HCP No. 1807 of 2025 03-11-2025 7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 08:44:00 pm )