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2023 Supreme(Mad) 625

M. SUNDAR, M. NIRMAL KUMAR
Surendhar – Appellant
Versus
State of Tamilnadu, Represented by Secretary to Government, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioners:M. Vinoth, 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 dated 09.09.2022 passed by the second respondent in his proceedings No.C.O.C.No.37/2022 and quash the same and direct the respondents herein to produce the petitioner''s mother namely Sumithra, Wife of Sridhar aged about 40 years, who is presently undergoing detention in the Special Prison for Women, Thiruchirappalli, as Bootlegger before this Court and set her at liberty forthwith.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by son of a detenu assailing a ''preventive detention order dated 09.09.2022 bearing reference C.O.C.No.37/2022'' [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 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-

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