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2023 Supreme(Mad) 1301

M. SUNDAR
Nithya – Appellant
Versus
Secretary to the Government Government of Tamil Nadu Chennai – Respondent


Advocates appeared:
For the Petitioner:M.R. Elavarasan, 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 entire records connected with the order of the 2nd respondent herein concerned in C.O.C.No.20/2022 dated 05.08.2022 and quash the order of detention passed therein by the 2nd respondent herein against the detenu and directing the respondents herein to produce the body and person of the detenu by name Rameshkumar, son of Natarajan, aged about 31 years, now detained at Central Prison, Tiruchirappalli before this Hon''ble 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 05.08.2022 bearing reference C.O.C.No.20/2022'' [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 la

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