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2023 Supreme(Mad) 2802

M. SUNDAR, R. SAKTHIVEL
Somappa – Appellant
Versus
State of Tamilnadu, Rep. by its Secretary to Government, Prohibition and Excise Department (Home), Chennai – Respondent


Advocates appeared:
For the Petitioner:K. Madhan, 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 to call for the records relating to the detenu''s detention order passed by the 2nd respondent vide S.C.No.06/2023 dated 21.03.2023 and set aside the same and produce the petitioner''s son Thammanna @ Sridhar, S/o.Somappa, Male aged 25 years, now detained in Salem Central Prison, Salem before this Court and set him at liberty forthwith.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by father of the detenu assailing a ''preventive detention order dated 21.03.2023 bearing reference S.C.No.06/2023'' [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, fifth 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 offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and

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