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2023 Supreme(Mad) 2077

M. SUNDAR, R. SAKTHIVEL
Shakila – Appellant
Versus
Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioners:G. Nirmal Krishnan, 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 to call for the records relating to the detention order passed by the second respondent pertaining to order made in BCDFGISSSV No.206/2022 dated 01.12.2022 in detaining the detenu under Section 2(f) of Tamil Nadu Act 14 of 1982, as a Goonda and quash the same and direct the respondent to produce the detenu A.Ajith Kumar @ Gana Ajith, son of Arumugam, aged about 23 years, who is detained at Central Prison, Puzhal, Chennai 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 mother of detenu assailing a ''preventive detention order dated 01.12.2022 bearing reference BCDFGISSSV No.206/2022'' [hereinafter ''impugned preventive 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 preventive detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Boo

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