Unexplained delay in making a preventive detention order can be a basis for setting it aside.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records relating to the detention order No.299/BCDFGISSSV/2022 dated 13.09.2022, passed by the second respondent and produce the petitioner''s son Dinesh Kumar @ Dinesh, son of Kuppan @ Sori Kuppan, aged about 27 years, now confined in Central Prison, Trichy, Chennai before this Court and set him at liberty.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of detenu assailing a ''preventive detention order dated 13.09.2022 bearing reference No.299/BCDFGISSSV/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.

2. Impugned detention order has been made 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 No.14 of 1982)'' [hereinafter ''Act 14 of 1982'' for the sake of convenience and clarity] on the premise that the detenu is a ''Drug Offender'' within the meaning of Section 2(e) of Act 14 of 1982.

3.There is one adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.121 of 2022 on the file of N4 Fishing Harbour Police Station for alleged offences under Sections 8(c) read with 22(C), 29(1) of NDPS Act 1985. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.

4. Mr.M.G.Martin Manivannan, learned counsel representing the counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.Sylvester John, Advocate, for all respondents are before us.

5. Learned counsel for petitioner submits that ''live and proximate link'' between the grounds of detention and purpose of detention has snapped as petitioner was arrested on 26.06.2022 but the impugned detention order has been made only on 13.09.2022.

6. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, 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.

7. We remind ourselves of Sushanta Kumar Banik''s case [Sushanta Kumar Banik Vs. State of Tripura & others reported in 2022 LiveLaw (SC) 813 : 2022 SCC OnLine SC 1333]. To be noted, Banik case law 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, wherein 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 captioned matter falls under latter facet i.e., unexplained delay.

8. To be noted, Banik case has been respectfully followed by this Court in Gomathi Vs.The Principal Secretary to Government and others reported vide Neutral Citation of Madras High Court being 2023/MHC/334, Sadik Basha Yusuf Vs. The State of Tamil Nadu and others reported vide Neutral Citation of Madras High Court being 2023/MHC/733, Sangeetha Vs. The Secretary to the Government and others reported vide Neutral Citation of Madra