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2023 Supreme(Mad) 598

M. SUNDAR, M. NIRMAL KUMAR
S. Bhavani – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary to Government Home, Chennai – Respondent


Advocates appeared:
For the Petitioners:S. Anbazhagan, Advocate. For the Respondents:R. Muniyapparaj, Additional Public Prosecutor assisted by M. Sylvester John, Advocate.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to produce the body of the detenu namely, Parameshwaran, son of Murugan, aged about 23 years who is confined at Central Prison, Vellore before this Hon''ble Court and set him at liberty forthwith by calling for the records pertaining to the detention order dated 28.08.2022 made in D.O.No.C2/42/2022 passed by the 2nd respondent, quash the same as illegal.)

M. Sundar, J.,

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of the detenu assailing a ''preventive detention order dated 28.08.2022 bearing reference D.O.No.C2/42/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the detaining authority as the 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-offende

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