The main legal point established in the judgment is that unexplained delay in issuing a detention order can render the detention invalid, and preventive detention is not a punishment.

JUDGMENT

(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records in connection with the order of detention passed by the second respondent dated 29.12.2022 in R.C.No.12842/2022/M6-D.O.No.47/2022 against the petitioner''s son Sudhakar, M/29 years, son of Murugan, who is confined at Central Prison, Puzhal, Chennai and set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.)

M. Sundar, J.

When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 07.03.2023, this Court made the following order:

''Captioned Habeas Corpus Petition has been filed in this Court on 15.02.2023 inter alia assailing a detention order dated 29.12.2022 bearing reference Rc.No.12842/2022/M6-D.O.No.47/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.

2. Mother of the detenu is the petitioner.

3. Mr.A.Saranraj, learned counsel on record for habeas corpus petitioner is before us. Learned counsel for petitioner submits that ground case qua the detenu is for alleged offences under Sections 8(c) r/w. 20(b)(ii)(B) & 29(1), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter ''NDPS Act'' for the sake of convenience and clarity] in Crime No.498 of 2022 on the file of Baluchettychatram Police Station.

4. The aforementioned detention order has been made on the premise that the detenu is a ''Drug Offender'' under Section 2(e) of ''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].

5. The detention order has been assailed inter alia on the ground that live and proximate link between grounds of detention and purpose of detention has snapped.

6. Prima facie case made out for admission. Admit. Issue Rule nisi returnable by four weeks.

7. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, State of Tamil Nadu accepts notice for all respondents. List the captioned Habeas Corpus Petition accordingly.''

2. The aforementioned order made in the 07.03.2023 Admission listing shall be read as an integral part and parcel of this order which means that the short forms, short references and abbreviations used in the order in the Admission listing shall be used in the instant order also.

3. There is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.498 of 2022 on the file of Baluchettychatram Police Station for the alleged offences under Sections 8(c) r/w 20(b)(ii)(B) and 29(1), 25 of NDPS Act. 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.A.Saranraj, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor 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 date of remand in the ground case is 01.11.2022 but the impugned detention order has been made only on 29.12.2022.

6. Mr.E.Raj Thilak, learned State Additional Public Prosecutor, submits to the contrary by saying that materials had to be collected and time was consumed for the same. Considering the facts and circumstances of the case and nature of ground case, we find that this explanation of learned State Additional Public Prosecutor is unacceptable.

7. We remind ourselves of S