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2023 Supreme(Mad) 599

M. SUNDAR, M. NIRMAL KUMAR
Mookkammal – Appellant
Versus
State of Tamil Nadu Rep. by the Secretary Chennai – Respondent


Advocates appeared:
For the Petitioner:S. Sivasankar, 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 call for the records relating to the detention order Memo No.BCDFGISSSV No.109/2022 dated 06.09.2022 passed by the 2nd respondent under Tamil Nadu Act 14 of 1982 and quash the same and direct the respondent to produce Mukesh Raja, son of Arumugam, male aged 28 years now confined in Central Prison, Puzhal, Chennai, before this Hon''ble Court and set the detenu Mukesh Raja, son of Arumugam, male aged 28 years at liberty.)

M. NIRMAL KUMAR, J.,

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of the detenu assailing a ''preventive detention order dated 06.09.2022 bearing reference No.109/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 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, F

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