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2023 Supreme(Mad) 831

M. SUNDAR, M. NIRMAL KUMAR
Nagaraj – Appellant
Versus
State rep. by The Principal Secretary to Government, Home, Prohibition & Excise Department, Government of Tamil Nadu, Chennai – Respondent


Advocates appeared:
For the Petitioner:S. Senthil Kumar, 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 pertaining to the order of detention dated on 26.08.2022 passed by the 2nd respondent in No.105/BCDFGISSSV/2022 and quash the same as illegal and direct the respondent to produce the detenue Ganesh Kumar @ Ganesh S/o.Nagaraj male aged about 30 years now confined in Central prison, Puzhal, Chennai)

M. Nirmal Kumar, J.

1. Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and brevity] has been filed by the father of the detenu assailing ''detention order dated 26.08.2022 bearing reference No.105/BCDFGISSSV/2022'' [hereinafter ''impugned detention order'' for the sake of convenience]. To be noted, the fourth respondent is the sponsoring authority and the second respondent is the detaining authority as impugned detention order has been made by the 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, Slu

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