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2023 Supreme(Mad) 2804

M. SUNDAR, R. SAKTHIVEL
Vijayakumar – Appellant
Versus
State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition and Excise Department Secretariat Chennai – Respondent


Advocates appeared:
For the Petitioner:E. Kannadasan, 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 in connection with the order of detention passed by the second respondent dated in his office Ref.C3/D.O.No.41/2023 dated 09.05.2023 against the petitioner''s son by name Thiru.Kathiravan, son of Vijayakumar, aged about 21 years, now confined at Central Prison,Vellore, Vellore District and set aside the same and direct the respondents to produce the above said detenu before this Court an set him at liberty.)

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 09.05.2023 bearing reference C3/D.O.No.41/2023'' [hereinafter ''impugned preventive detention order'' for the sake of convenience and brevity]. To be noted, fifth respondent is the sponsoring authority and second respondent is the detaining authority as the impugned preventive 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 Bootleggers, Cyber law

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