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2006 Supreme(Mad) 2999

P.K.MISRA, J.A.K.SAMPATHKUMAR
Moorthy @ Chengam Moorthy – Appellant
Versus
The Secretary to Government & Another – Respondent


Appearing Advocates:For the Petitioner:Philip Ravindran Jesudoss, Advocate. For the Respondents: M. Babu Muthu Meeran, Addl. Public Prosecutor.

Judgment :-

(Prayer: Petition under Article 226 of the Constitution of India praying for the issue of a writ of Habeas Corpus, to call for the records in connection with the order of detention passed by the second respondent dated 11.01.2006 in his Office Ref.No.C3.D.O.No. 4/2006 and set aside the same and consequently direct the respondents to produce the detenu, Moorthy @ Chengam Moorthy, who is confined in Central Prison, Vellore, before this Hon'ble Court and set him at liberty forthwith.)

P.K. Misra, J.

Heard the learned counsel appearing for both parties.

2. The detenu himself has filed the above habeas corpus petition. He has been detained under Act 14 of 1982 on the allegation that he is a 'Goonda'.

3. In the grounds of detention, the detaining authority has referred to seven adverse cases, out of which, one case relates to the year 2000 and the other cases relate to the year 2005. It is contended by the learned counsel appearing for the petitioner that in all these cases as well as the ground case, which is alleged to have been occurred on 9th December 2005, the name of the petitioner has not been shown as accused and there is no material on record to indicate that the detenu






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