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2023 Supreme(Mad) 672

M. SUNDAR, M. NIRMAL KUMAR
Kalaivani – Appellant
Versus
Secretary to Government (Home), Prohibition and Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:D. Arun, 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 pursuant to the order in Memo No.94/BCDFGISSSV/2022 dated 05.08.2022 passed by the 2nd respondent and quash the same consequently produce the detenu Dhanush @ Stalin aged about 22 years, S/o. Pandiyan before this Court and set him liberty, the detenu is now confined in Central Prison, Puzhal, Chennai District.)

M. Nirmal Kumar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of detenu assailing a ''preventive detention order dated 05.08.2022 bearing reference 94/BCDFGISSSV/2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, third 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-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and

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