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2023 Supreme(Mad) 1550

M. SUNDAR, M. NIRMAL KUMAR
N. Anitha – Appellant
Versus
Secretary to Government Home, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:V. Paarthiban, 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 in connection with the order of detention passed by the second respondent dated 13.08.2022 in C3/D.O.No.45/2022 against the petitioner''s uncle Anbalagan @ Periyardasan, son of Chinnakannu aged about 42 years who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by the daughter-in-law of detenu assailing a ''preventive detention order dated 13.08.2022 bearing reference C3/D.O.No.45/2022'' [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 of

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