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2023 Supreme(Mad) 2822

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


Advocates appeared:
For the Petitioner:S. Sadhana, 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 pursuant to the order in Rc.No.C2/23633/2023, dated 29.03.2023 passed by the second respondent and quash the same and consequently produce the detenu Geja, wife of Boopalan, aged about 47 years before this Court and set her at liberty.)

M. Sundar, J.

1. Captioned ''Habeas Corpus Petition'' [''HCP'' for the sake of brevity] has been filed by sister of the detenue assailing a ''preventive detention order dated 29.03.2023 bearing reference Rc.No.C2/23633/2023'' [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, 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 offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)'' [hereinafter ''

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