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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, VENKATA JYOTHIRMAI PRATAPA
B. Nanjundappa, S/o. Chinna Anjinappa – Appellant
Versus
State of Andhra Pradesh, Rept., By Its Chief Secretary, General Administration (Law & Order) Department – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
Heard Sri Akula Sri Krishna Sai Bhargav, learned counsel appearing for the Petitioner and learned Additional Advocate General for Respondents.
2. The detenue in the present case is said to have been arrayed as an accused in the following cases:-
1. Cr.No.52/2018, U/s.341, 323, 363 and 506 IPC of Hindupur Rural Upgrade Police Station.
2. Cr.No.10/2019, U/s. 393 IPC of Chilamathur PS, Anantapur District.
3. Cr.No.108/2019, U/s 452, 323, 324 and 506 read with 34 IPC of Hindupur Rural PS, Anantapur District.
4. Cr.No.236/2022, U/s 147, 148, 120(b), 109 and 302 read with149 IPC of Hindupur Rural Upgrade PS.
5. Cr.No.239/2022, U/s 305 IPC of Hindupur Rural PS.
6. Cr.No.180/2023, U/s 506 IPC of Hindupur Rural Upgrade Police Station.
7. Cr.No.59 of 2023, U/s 20(b)(ii)(c) and 8(c) of NDPS, Act of Anandapuram PS, Visakhapatnam.
8. Cr.No.104 of 2023, U/s 328 & 284 r/w 34 IPC, Sec 20(b)(ii)(c) & 22(c) of NDPS, Act and Section 18(c) DCA-1940 of II town PS, Visakhapatnam.
3. The detenue is also said to have been arrayed as an accused in the following cases in the State of Karnataka:-
1. Cr.No.55/2017, U/s. 395 IPC of Goribidanur Rural PS, Karnataka State.
2. Cr.No.167/20
Preventive detention orders must provide all relevant documents to the detenue for effective representation; failure to do so invalidates the detention.
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
A detention order can be validly issued against a person in custody if there is a rational basis for the likelihood of release and the necessity for preventive detention.
AN ORDER OF DETENTION CAN ONLY BE VALIDLY PASSED IF THE DETAINING AUTHORITY HAS REASON TO BELIEVE, ON THE BASIS OF RELIABLE MATERIAL, THAT THERE IS A REAL POSSIBILITY OF THE DETENU BEING RELEASED ON ....
A detention order must demonstrate subjective satisfaction with detailed grounds, especially regarding the detenu's bail status, to be legally valid.
Procedural irregularities and failure to consider the likelihood of the detenu being released on bail rendered the detention order illegal and unsustainable.
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.
Confirmed detention order - Subjective satisfaction arrived by Detaining Authority that acts and conduct of petitioner were prejudicial to maintenance of public order cannot be faulted at.
The failure to consider the orders of bail granted to the detenu by the competent Court vitiated the detention order, as it deprived the detaining authority of the opportunity to consider relevant ma....
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
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