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2023 Supreme(Mad) 1553

M. SUNDAR, M. NIRMAL KUMAR
Vaitheswari – Appellant
Versus
Secretary to Government, Home, Prohibition and Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:S. Senthilvel, S. Sengkodi, 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 C.M.P.No.83/Goonda/Salem City/2022 dated 28.07.2022 on the file of the Commissioner of Police, Salem City the second respondent herein and quash the same as illegal and direct the respondent to produce the detenu Boobalan, S/o. Prakasam, aged about 30 years, now confined at Central Prison, Salem, 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 28.07.2022 bearing reference C.M.P.No.83/Goonda/Salem City/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-offend

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