JUDGMENT

N.V. RAMANA, J. –

1. Leave granted.

2. The appellant, who is the wife of one Cherukuri Narendra Chowdari-detenu, filed a writ petition under Article 226 of the Constitution before the High Court of Andhra Pradesh alleging that her husband has been unauthorisedly detained and the detention order passed was illegal and sought his release. The writ petition was dismissed by the High Court by the impugned order dated 28th October, 2013 stating that until and unless the competent Court of law decides the order of detention as illegal and invalid, it cannot be said that it is unauthorized detention. Aggrieved by the said order, the appellant has filed this appeal by special leave.

3. The facts which are necessary for the disposal of this appeal are that the Collector & District Magistrate, East Godavari District, Andhra Pradesh (Respondent No. 2) issued a preventive detention order on 30th September, 2013, under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short "the Act") stating that the husband of the appellant (detenu) has got all the attributes to be called as a