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2023 Supreme(Mad) 2206

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


Advocates appeared:
For the Petitioner:E.V. Chandru, Advocate. For the Respondent: 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 the respondents to produce the records of detention order bearing reference B.C.D.F.G.I.S.S.S.V No.64/2022 against the detenu passed by the second respondent herein by an order dated 05.12.2022 and quash the same and produce the petitioner''s son Saran, son of Kovilan, aged 23 years, presently confined in Central Prison II, Puzhal and set aside the same and consequently direct the respondents to produce the body of the detenu before this Court and set him at liberty.)

M. SUNDAR, J

1. When the captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of convenience and clarity] was listed in the Admission Board on 06.02.2023, this Court made the following order:

'' Captioned Habeas Corpus Petition has been filed in this Court on 27.01.2023 inter alia assailing a detention order dated 05.12.2022 bearing reference BCDFGISSSV No.64/2022 made by ''second respondent'' [hereinafter ''Detaining Authority'' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.

2. The M

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