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2021 Supreme(AP) 418

ARUP KUMAR GOSWAMI, NINALA JAYASURYA
Banavathu Chilakamma – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
Mr. M.P.V.N.V.Sastry, Advocate, for the Appellant; Mr. Syed Khader Mastan, Government Pleader, for the Respondent

JUDGMENT

(Per Ninala Jayasurya, J)

Aggrieved by the order of detention in Ref.C1/1/M/2021 dated 05.02.2021 passed by the 3rd respondent (hereinafter referred to as ‘the detaining authority’) as confirmed by the 1st respondent vide G.O.Rt.No.293, General Administration (SC.I) Department, dated 16.02.2021, the petitioner filed the present writ petition seeking to order the release of her husband i.e., Banavathu Srinu, S/o late Gopiya (hereinafter referred to as ‘the detenu’) by declaring the said order as approved by the 1st respondent as arbitrary, illegal and violative of Article 21 of Constitution of India.

2. The detaining authority passed the order of detention, in exercise of powers conferred under Section 3(1) r/w Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as ‘the Act’), stating inter alia that the activities of the detenu are inexcusable and he shall be treated as Bootlegger under Section 2(b) of the said Act.

3. The said order was passed inter alia on the premise that the detenu is indulging in manufacture, possession, transp

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