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2023 Supreme(Mad) 670

M. SUNDAR, M. NIRMAL KUMAR
Radha – Appellant
Versus
Secretary to the Government, Government of Tamil Nadu, (Home) Prohibition and Excise Dept. , Chennai – Respondent


Advocates appeared:
For the Petitioner:S. Sasikumar, 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 calling for the entire records connected with the order of the second respondent herein concerned in CPT.No.44/2022 dated 12.08.2022 and quash the order of detention passed therein by the second respondent herein against the detenu and consequently directing the respondents herein to produce the body and person of the detenu by name Arumugam aged about 53 years, son of Sriram Pillai now detained at Central Prison, Puzhal, Chennai before this Court and set him at liberty forthwith.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of detenu assailing a ''preventive detention order dated 12.08.2022 bearing reference CPT.No.44/2022 [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 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

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