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2001 Supreme(SC) 751

UMESH C.BANERJEE, G.B.PATTANAIK
District Collector – Appellant
Versus
Shaik Hasmath Beebi – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal by special leave is directed against a Judgment of the Division Bench of the Andhra Pradesh High Court. By the impugned judgment, the High Court has quashed an order of detention issued under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, inter alia on the ground that the representation of the detenu filed for temporary release under Section 15 of the Act was not disposed of within a reasonable period and thereby the constitutional right guaranteed to the detenu under Article 22(5) was infringed. The question for consideration, therefore, is whether the request of the detenu for being temporarily released, invoking the power of the Government under Section 15 of the Act, if not disposed of early, can it be said that there has been an infraction of Article 22(5) of the Constitution?

3. The Act in question is undoubtedly an Act providing for preventive detention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers, for preventing their dangerous activities, which are pre
















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