ORDER :

U. Durga Prasad Rao, J.

In this writ petition filed under Article 226 of the Constitution of India, the petitioner challenges the detention of her son Kalluri Sandeep Kumar, S/o. Appa Rao as per the order of detention in REVCSECOPDL( PRC)/1/2022-D.TH(C7) dated 01.04.2022 passed by 2nd respondent-District Collector & District Magistrate, Chittoor and confirmed by the 1st respondent as per G.O.Rt.No.998, General Administration (SC-1) Department dated 30.05.2022 and prays to direct the respondent authorities to set the detenue at liberty forthwith.

2. By the proceedings dated 01.04.2022, the 2nd respondent passed the detention order under Section 3(1) and (2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (1 of 1986) [for short, „the Act 1 of 1986’] treating the detenue as „Goonda’ under Section 2(g) of the Act 1 of 1986 on the subjective satisfaction that the detenue is acting in a manner prejudicial to the maintenance of public order since he has been habitually involved in criminal activities with other associates and even though a number of cases were registered against him, he did not change his attitude and increasing his activities day to day and extending them to Andhra Pradesh and Telangana States. Following cases in which the detenue was involved were taken as ground for ordering his detention.

S.No. Cr. No. & Sec. of Law Date of offence

1 Cr. No.669/21 u/s 457, 380 IPC of Tirupati East Btn. 25/26.09.21

2 Cr. No.555/21 u/s 457, 380 IPC of Tiruchanur PS Btn. 25.09.21 & 01.10.2021

3 Cr. No.645/21 u/s 457, 380 IPC of MR Palle PS Btn. 02.10.2021 & 04.10.2021

4 Cr. No.657/21 u/s 457, 380 IPC of MR Palle PS Btn. 07.10.21 & 13.10.21

5 Cr. No.906/21 u/s 457, 380 IPC of Alipiri PS 11/12.10.21

6 Cr. No.913/21 u/s 457, 380 IPC of Alipiri PS 15/16.10.21

7 Cr. No.583/21 u/s 457, 380 IPC of Tiruchanur PS 16/17.10.21

8 Cr. No.925/21 u/s 457, 380 IPC of Alipiri PS Btn. 17.10.21 & 20.10.2021

9 Cr. No.248/21 u/s 457, 380 IPC of Srikalahasti II Town PS Btn. 15.11.21 & 25.11.21

10 Cr. No.1017/21 u/s 457, 380 IPC of Alipiri PS Btn. 03.12.21 & 07.12.21

11 Cr. No.17/22 u/s 457, 380 IPC of MR Palle PS 12.01.2022

In the grounds of detention, it is stated that the detenue was habitually involved in the cases of house breaking and committing theft in several places in Andhra Pradesh and Telangana and he was involved in eight cases in different police stations in Telangana State also.

3. The 2nd respondent filed counter and opposed the writ petition.

4. Heard arguments of Sri D. Purna Chandra Reddy, learned counsel for the petitioner and Special Government Pleader representing learned Advocate General for respondents.

5. Though several grounds were raised against the detention order, it is mainly argued on behalf of the petitioner that the detenue was granted conditional bail in almost all of the eleven cases which were taken as a ground for passing detention order which indicates that the jurisdictional court on a prima facie opinion that the detenue did not commit offence granted him bail in all the cases. In that view, the duty is cast on the Sponsoring Authority to place before the 2nd respondent apart from the materials relating to the 11 crimes, also the bail applications and bail orders for consideration and satisfaction of the detaining authority. Learned counsel would strenuously argue that only on coming to the satisfaction that while on bail there is a likelihood of detenue’s repeating similar offences and acting prejudicial to the maintenance of public order, the detaining authority shall pass the detention order. Further, it is the duty of the detaining authority to furnish along with grounds of detention the materials considered by him which include the bail applications and bail orders. All these materials have to be furnished to the detenue to make an effective representation to the Advisory Board or the Government. Learned counse