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2023 Supreme(Mad) 1540

M. SUNDAR, M. NIRMAL KUMAR
Alli – Appellant
Versus
State of Tamil Nadu rep. By Secretary to Government Home, Prohibition & Excise Department – Respondent


Advocates appeared:
For the Petitioner:M. Udayavani, P. Chandrasekar, Advocates. 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 detention order dated 23.07.2022 passed by the second respondent in BCDFGISSSV No.88 of 2022 and quash the same and direct the respondents herein to produce the petitioner''s son Appuraj @ Appu, son of Anbazhagan, aged 28 years, who is presently undergoing detention in the Central Prison, Puzhal, before this 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 mother of detenu assailing a ''preventive detention order dated 23.07.2022 bearing reference BCDFGISSSV No.88 of 2022'' [hereinafter ''impugned detention order'' for the sake of convenience and brevity]. To be noted, fourth 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 offende

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