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2023 Supreme(Mad) 1552

M. SUNDAR, M. NIRMAL KUMAR
Kokila – Appellant
Versus
Additional Secretary to the Government, State of Tamil Nadu Home, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:B.M. Santharam, 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 entire records connected with the detention order of the respondent No.2 in C.O.C No.41/2022 dated 31.07.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name North-D [email protected] S/o.kanagaraj aged about 34 years now confining at Cuddalore Central Prison 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 wife of detenu assailing a ''preventive detention order dated 31.07.2022 bearing reference C.O.C.No.41/2022'' [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 law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offend

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