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2023 Supreme(Mad) 1674

M. SUNDAR, M. NIRMAL KUMAR
A. Farzana – Appellant
Versus
Additional Chief Secretary, Government of Tamil Nadu Home, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:I. Abdul Basith, N. Nishar Ahamed, 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 calling for the records pertaining to the order of detention passed by the second respondent herein in No.305/BCDFGISSSV/2022 dated 16.09.2022 and to quash the same and consequently direct the respondent to produce the detenu, petitioner husband Thiru.Sunaith Ali, aged 42 years, son of Adham Sha before this Court and thereafter set him at liberty.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by wife of the detenu assailing a ''preventive detention order dated 16.09.2022 bearing reference 305/BCDFGISSSV/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-

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