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2023 Supreme(Mad) 1545

M. SUNDAR, M. NIRMAL KUMAR
Karthikeyan – Appellant
Versus
Secretary to Government (Home), Prohibition and Excise Department, Government of Tamil Nadu, Chennai – Respondent


Advocates appeared:
For the Petitioner:D. Arun, Advocate. For the Respondents: R. Muniyapparaj, Additional Public Prosecutor.

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 pursuant to the order in Rc.No.C2/2804/2022, dated 29.07.2022 passed by the second respondent and quash the same consequently produce the detenu Moorthy aged about 42 years S/o.Settu, before this Court and set him liberty, the detenu is now confined in Central Prison, Cuddalore, Cuddalore District.)

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by mother of detenu assailing a ''preventive detention order dated 29.07.2022 bearing reference Rc.No.C2/2804/2022'' [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 offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tami





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