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2023 Supreme(Mad) 2819

M. SUNDAR, R. SAKTHIVEL
Ponvanan – Appellant
Versus
State of Tamil Nadu Rep. by the Additional Secretary, Home Prohibition and Excise Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:R. Lingakumar, 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 for the records relating to the detention order in Memo No.90/BCDFGISSSV/2023 dated 04.04.2023 passed by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner''s brother Thiru.Malarvanan, son of Kalaivanan, aged about 24 years, the detenu now 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 brother of the detenu assailing a ''preventive detention order dated 04.04.2023 bearing reference 90/BCDFGISSSV/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, third 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, Goonda

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