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2025 Supreme(Online)(Mad) 16663

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, V. Lakshminarayanan, JJ
Y.PADMAJA DAS – Appellant
Versus
THE ADDITIONAL CHIEF SECRETARY – Respondent


Advocates:
Mr. Nithyaesh Natraj for Mr. Anirudh A. Sriram; Mr. E. Raj Thilak Addl. Public Prosecutor

ORDER

(made by G.R. SWAMINATHAN, J.)

The petitioner's son was detained as a cyber law offender vide order dated 31.01.2025 passed by the second respondent which is assailed in this habeas corpus petition.

2. It is not in dispute that the grounds of detention as well as the relied on materials were served on the detenu only on 06.02.2025. Ground (B) of paragraph no.13 of the affidavit filed in support of this habeas corpus petition reads as follows:

“B. The detention order was communicated to the detenu on 31.01.2025, however the grounds and connected booklet copies on which the detention order is being passed were served to the detenu through the 3rd respondent only on 06.02.2025, i.e., the grounds copies and other relevant documents are served after a lapse of 5 days, in terms of numeric expression it was served on the 7th day which is in violation of Section 8(1) of the Act, 1982.”

(emphasis supplied by us)

3. This factual aspect is not controverted by the respondents. There is a clear violation of the mandate set out in Section 8(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirate

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