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2023 Supreme(Mad) 1538

M. SUNDAR, M. NIRMAL KUMAR
B. Ramesh – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to the Government, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:P. Murthy, Advocate. For the Respondents: E. Raj Thilak, Additional Public Prosecutor.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records pertaining to filing memo No.76/BCDFGISSSV/2022 dated 14.07.2022 on the file of the 2nd respondent herein and set aside the same as direct the respondents herein to produce the petitioner Ramesh S/o. Balaraman aged 42 years now confined in the Central Prison, Puzhal, Chennai.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the detenu assailing a ''preventive detention order dated 14.07.2022 bearing reference No.76/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 Video Pirates Act, 1982 (Tamil Nadu Act No

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