IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. DURGA PRASAD RAO, B.V.L.N. CHAKRAVARTHI, JJ.
T. Soundarya - Petitioner
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No. 15180 of 2022
Decided On : 14-10-2022
Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 - Section 3(2) r/w 3(1) - Detention order vide proceedings in ROC - 2nd respondent has passed detention order on ground that detenue was involved in following nine cases and thus he is a Bootlegger within meaning of Section 2(b) of Act 1 of 1986 and his activities are prejudicial to maintenance of public health and public order - Held, However, as stated supra, 2nd respondent has not considered them in right perspective and thereby great prejudice is caused to detenue and in our view detention order is unjust and illegal and required to be set aside - Since this ground is enough to hold that impugned detention order is unsustainable in law and facts, other grounds projected by petitioner are not necessary to be discussed - Writ petition is allowed.
ORDER :
U. Durga Prasad Rao, J.
In this Habeas Corpus petition, the petitioner prays for release of her husband Torlapati Naresh, S/o. T. Surya Rao R/o. Maddurulanka Village, Kovvuru Mandal, West Godavari District who was detained and lodged in Central Prison, Rajamahendravaram as per the detention order vide proceedings in ROC No.C1/e-1882646/2022, dated 26.03.2022, of the 2nd respondent under Section 3(2) r/w 3(1) 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’] and consequential confirmation order of the 1st respondent vide G.O.Rt.No.914, dated 18.05.2022.
2. The 2nd respondent has passed the detention order dated 26.03.2022 on the ground that the detenue was involved in following nine cases and thus he is a ‘Bootlegger’ within the meaning of Section 2(b) of the Act 1 of 1986 and his activities are prejudicial to the maintenance of public health and public order.
| 1. | Cr.No.521/2021, dt. 03.11.2021 u/s. 34 U/s 7(B) r/w 8(B) of AP Excise Amendment Act, 2020 of SEB Station, Kovvur |
| 2. | Cr.No.481/2021, dt. 11.10.2021 U/s 7(A) r/w 8(B) of AP Prohibition Amendment Act, 2020 of SEB Station, Kovvur |
| 3. | Cr.No.354/2021, dt. 09.07.2021 U/s 7(A) r/w 8(B) of AP Prohibition Amendment Act, 2020 of SEB Station, Kovvur |
| 4. | Cr.No.376/2020, dt. 12.08.2020 U/s 7(A) r/w 8(B) of AP Prohibition Amendment Act, 2020 of SEB Station, Kovvur |
| 5. | Cr.No.257/2020, dt. 26.05.2020 U/s 7(A) r/w 8(B) of AP Prohibition Amendment Act, 2020 of SEB Station, Kovvur |
| 6. | Cr.No.219/2020, dt. 12.09.2020 U/s 7(A) r/w 8(C) of AP Prohibition Amendment Act, 2020 of APPA 34E APEA Kovvur Rural Police Station |
| 7. | Cr.No.186/2020, dt. 09.06.2020 U/s 7(A) r/w 8(C) of AP Prohibition Amendment Act, 2020 of Kovvur Rural Police Station |
| 8. | Cr.No.142/2020, dt. 08.04.2020 U/s 188, 269, 270, 271 IPC 7(A) r/w 8(E) APPA 51(a) DMA-2008 Kovvur Town Police Station |
| 9. | Cr.No.130/2020, dt. 09.04.2020 U/s 188, 269, 270, 271 IPC 7(A) r/w 8(E) APPA 51(a) DMA-2008 Kovvur Town Police Station |
3. The detention order is challenged in this writ petition on the main grounds that the detenue is an innocent person and not committed any of the offences mentioned in the detention order; the cases in which he is involved can be effectively dealt with under the general law and his activities are not prejudicial to the maintenance of public health and public order; the copies of the order of detention as well as grounds of detention and other materials relied upon by the respondent authorities were not supplied to the detenue in time; in all the nine crimes, which were taken as a ground for issuing detention order, the detenue was granted bail even before the date of detention order and the said fact was not taken into consideration by the Detaining Authority while passing the detention order; the confirmation order was not served on the detenue and it was furnished to him only in the Court during the course of hearing in the writ petition; the Detaining Authority has not applied his mind in issuing the detention order, inasmuch as, of the nine crimes which were taken as a ground to pass detention order, except in one or two crimes, in other crimes the detenue was not physically present at the time of alleged offence but he was falsely implicated on the basis of alleged confession of co-accused. Thus the detention order per se is illegal and without application of the mind.
4. The 2nd respondent filed counter and opposed the writ petition.
5. Heard arguments of Sri M.R.K. Chakravarthi, learned counsel for the petitioner and Special Government Pleader representing learned Advocate General for respondents.
6. While vehemently opposing the detention order, learned counsel for the
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The Detaining Authority must consider the bail applications and bail orders along with the record and form an opinion as to whether preventive detention is essential, especially when the detenue was ....
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
Preventive detention requires clear justification, especially when the detenue is in custody, and must demonstrate a likelihood of bail and further offenses.
The main legal point established in the judgment is the importance of considering bail orders and the likelihood of obtaining bail in preventive detention cases, as well as the necessity of placing b....
Procedural irregularities and failure to consider the likelihood of the detenu being released on bail rendered the detention order illegal and unsustainable.
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