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2024 Supreme(Mad) 1150

S. M. SUBRAMANIAM, R. SAKTHIVEL
Valli – Appellant
Versus
Principal Secretary to the Government, Home, Prohibition and Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Senthilvel
For the Respondent: Mr.E.Raj Thilak Additional Public Prosecutor

ORDER :

S.M.SUBRAMANIAM, J.

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 18.05.2024 in Memo No. 49/BCDFGISSSV/2024 against the petitioner's Son Dilli Ganesh @ Thoppai Ganesh, Male aged 31 years S/o. Raj, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before the Court and set him at liberty.

The impugned order of detention passed by the second respondent in proceedings No.49/BCDFGISSSV/2024 dated 18.05.2024 is sought to be quashed in the present habeas corpus petition.

2. The learned Counsel appearing on behalf of the petitioner would mainly contend that there was a delay in considering the representation submitted by the detenue under Act 14 of 1982.

3. Delay in considering the representation is vital, more specifically in preventive detention cases. The detention power conferred under Act is extremely powerful and that have the ability to confer arbitrary power to the State. In such circumstances, where there is a possibility of an unfattered discret

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