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2023 Supreme(Mad) 2082

M. SUNDAR, R. SAKTHIVEL
Sudarvizhi – Appellant
Versus
State of Tamil Nadu rep. By its Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioners:Swami Subramanian, Advocate. For the Respondents: E. Raj Thilak, Additional Public Prosecutor.

JUDGMENT

(Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records pertaining to the detention order dated 16.12.2022 in C.O.C. No.60/2022 passed by the second respondent and issue direction to produce the body of the petitioner''s husband/detenu namely Kumar, S/o.Rajendran, aged 40 years, presently confined at Central Prison, Thiruchirappalli, before this Court and set him at liberty forthwith and quash the same.)

M. Sundar, J.

When the captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity) was listed in the Admission Board on 06.03.2023, this Court made the following order:

''Captioned Habeas Corpus Petition has been filed in this Court on 23.02.2023 inter alia assailing a detention order dated 16.12.2022 bearing reference C.O.C.No.60/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.

2. Wife of the detenu is the petitioner.

3. Mr.M.P.Yuvaraj, learned counsel on record for petitioner is before us. Learned counsel for petitioner submits that ground

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