An inordinate and unexplained delay between an arrest and the passing of a preventive detention order breaks the 'live link' between the detention grounds and the necessity for detention, rendering the detention order invalid due to the failure of the detaining authority's subjective satisfaction.

Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records leading to the detention of the petitioner’s husband Dhakshinamurthy son of Varadhan Aged about 49 years lodged in Central Prison, Salem detained under Act 14/82 as a Drug Offender vide order dated 17.10.2025 by the 2nd respondent, in No. 807/BBCFSV/2025 (wrongly mentioned as No. 807/BCFSV/2025 in the petition) and to quash the same and direct the respondents to produce the body of the detenu before this Court and set him at liberty.

Order made by Sunder Mohan, J.

The wife of the detenu – Dhakshinamurthy, S/o Varadhan, aged 49 years, has filed this petition challenging the detention order dated 17.10.2025, branding him as a ‘Drug Offender’

under Section 2(e) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/82).

2. Heard the counsel for the petitioner and the counsel for the Government (Criminal Side) for the respondents.

3. It is seen from the impugned order and the grounds of detention that the detenu was arrested on 11.09.2025 and was detained on 17.10.2025. The respondents have not satisfactorily explained the delay in passing the detention order in the grounds of detention or in the counter affidavit. We are of the view that the live link between the grounds of detention and the purpose of detention is snapped. In this regard, we rely upon the judgment of the Hon’ble Supreme Court in Sushanta Kumar Banik Vs State of Tripura reported in 2022 SCC Online 1333, which reads:

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