IMPORTANT POINT
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.

ORDER :

1. Heard Dr. G.V.N.R.S.S.S. Vara Prasad, learned counsel appearing for the petitioner and the learned Special Government pleader in the office of the learned Additional Advocate General for respondents.

2. The 2nd respondent by an order dated 16.03.2024 had passed an order of detention against the detenue. This order was approved by the 1st respondent on 26.03.2024, and subsequently confirmed by way of G.O.Ms. No. 776 dated 25.04.2024 issued by the 1st respondent.

3. The 2nd respondent ordered preventive detention of the detenue, on the ground that the detenue deserves to be treated as a Goonda as defined under Section 2(g) of 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”) because the detenue had been involved in five cases which relate to commission of offences punishable under Chapter XVI and XXII of the Indian Penal Code and that the severity of the offences, enumerated in these complaints and the conduct of the detenue in continuing to commit crimes is prejudicial to the maintenance of public health and public order requiring the detenue to be detained. The crimes, which were taken into account by the 2nd respondent, are as follows:

1. Case in Crime No. 201/2023, under Sections 307, 354 r/w 34 IPC and Section 27 of the Indian Arms Act, 1959, of Penamaluru Police Station, dated 28.02.2023.

2. Case in Crime No. 754/2023, under Sections 448, 323, 506 r/w 34 IPC of Patamata Police Station, dated 04.08.2023.

3. Case in Crime No. 648/2023, under Sections 341, 323, 506 r/w 34 IPC of Penamaluru Police Station, dated 27.08.2023.

4. Case in Crime No. 766/2023, under Sections 341, 143, 188, 290 r/w 149 IPC of Penamaluru Police Station, dated 02.10.2023.

5. Case in Crime No. 86/2024, under Section 307 IPC, of Vuyyuru Town Police Station, dated 25.02.2024.

3.1 The sister of the detenue has filed the present writ petition assailing the order of detention and subsequent proceedings of approval and confirmation. The pleadings in the writ petition are that the Sub-Inspector of Police Penamaluru Police Station and certain other police officers/officials of the said police station were inimically inclined against the petitioner, due to which false cases were being foisted against the petitioner and the order of detention had been obtained under the guise of these complaints being genuine complaints. It is further alleged that the immediate provocation for obtaining the order of detention was the fact that the petitioner and other siblings of the detenue had initiated complaints against the Sub-Inspector of Police, Penamaluru Police Station and the order of detention was obtained as a counter blast to the said complaints filed against the police officials.

4. The order of detention and subsequent proceedings are assailed on the merits of the case, on the following grounds, which are elaborated by Dr. G.V.N.R.S.S.S. Vara Prasad, learned counsel appearing for the petitioner:

(a) The detenue had been falsely implicated in Crime No. 201/2023 which is at S. No. 1 of the above extract. The detenue was granted bail in the said case. An application for cancellation of such bail was filed and the same came to be rejected. However, the sponsoring authority did not submit, the said application for cancellation of bail and subsequent order of cancellation of bail by the Magistrate, to the 2nd respondent/detaining authority.

(b) The learned counsel relies upon the judgments of this Court in Vasanthu Sumalatha and Others vs. State of Andhra Pradesh Rep. by its Chief Secretary, Hyderabad and Others, 2015 SCC Online Hyd 790 : (2016) 1 ALT 738 (DB) : (2016) 2 ALD (Cri) 156, Akhil Gogoi S/o Late Bolo Ram Gogoi vs. State of Assam Represented by the Public Prosecutor, 2020 SCC Online Gau 1092, Ameena Begum vs. State of Telangana, (2023) 9 SCC 587, Asha Devi vs. K. Shivaraj, Additional Chief Secretary to the Government of Gujarat, (1979