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2023 Supreme(Mad) 2536

M. SUNDAR, R. SAKTHIVEL
Vignesh – Appellant
Versus
Government of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Chennai – Respondent


Advocates appeared:
For the Petitioner:P. Surendran, 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 proceedings of the 2nd respondent in BCDFGISSSV No.477/2022 dated 20.12.2022 against the petitioner''s brother Dinesh @ Beedi Dinesh, male, aged about 24 years, S/o.Palani, and quash the same and consequently direct the respondents herein to produce the detenu who is detained under the Tamil Nadu Act 14 of 1982 currently confined in 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 the brother of the detenu assailing a ''preventive detention order dated 20.12.2022 bearing reference No.477/BCDFGISSSV/2022'' [hereinafter ''impugned preventive detention order'' for the sake of convenience and brevity] made by second respondent (hereinafter ''detaining authority'' for the sake of convenience). To be noted, fourth respondent is the sponsoring authority.

2. Impugned preventive detention order has been made under ''The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offender

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