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2023 Supreme(Mad) 1282

M. SUNDAR, M. NIRMAL KUMAR
Kamali – Appellant
Versus
Secretary to the Government Government of Tamil Nadu (Home) Chennai – Respondent


Advocates appeared:
For the Petitioner:G. Vinodh 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 relating to the impugned order in C3/D.O.No.40/2022 dated 28.07.2022 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce namely, Tamilselvan @ Tamilarasan, Son of Chinnadurai @ Venkatesan, aged about 28 years, now confined at Central Prison, Vellore before this Hon''ble Court and set him at liberty.)

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 28.07.2022 bearing reference C3/D.O.No.40/2022'' [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 law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offe

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