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2004 Supreme(SC) 923

ARIJIT PASAYAT, C.K.THAKKER
Commissioner Of Police – Appellant
Versus
C. Anita – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of Andhra Pradesh calls in question legality of the judgment rendered by a Division Bench of the Andhra Pradesh High Court quashing the order of detention dated 15.7.2003 passed by the Commissioner of Police, Hyderabad City (in short the Commissioner ) directing detention of Chinnaboina Shankar @ C. Shankar (hereinafter referred to as the detenu ). The order of detention was passed in terms of Sub-section (2) of Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 (in short the Act ). Wife of the detenu Smt. C. Anita filed a habeas corpus writ application before the Andhra Pradesh High Court questioning legality of the order of detention. The primary stand taken in the writ petition was that the alleged acts as highlighted in the grounds of detention by no stretch of imagination can be called to affect public tranquility and/or be prejudicial to the maintenance of public order. It was submitted that the incidents to which reference was made in the grounds of detention allegedly took place long back and there w

























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