Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.

ORDER :

Venkata Jyothirmai Pratapa, J.

Heard Sri Prudvi Raju Mudunuri, 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.78/2015, U/s.354-D(2), 506 and 509 IPC of Patamata Police Station, Krishna District (Acquitted).

2. Cr.No.600/2018, U/s. 506 IPC of Nallapadu PS, Guntur District.

3. Cr.No.56/2023, U/s 420 read with 34 IPC of Chilakapuripeta P.S.

4. Cr.No.153/2023, U/s 354-A, 354-D and 506 of Nidadavole PS.

5. Cr.No.177 /2023, U/s 386 IPC of Nidadavole PS.

6. Cr.No.343/2023, U/s 420 IPC of Bommuru Police Station.

7. Cr.No.211/ 2023, U/s 354-D IPC and Sec.66(e), 67 of Information Technology Act, 2000 of Nidadavole PS.

8. Cr.No.14/ 2024, U/s.8(c) r/w 20 (b) (ii) (c) of NDPS Act, 1985 of Nidadavole PS.

3. The detenue had been granted bail in four of the above eight cases. At that stage, the 3^rd Respondent had issued an order of detention dated 15.03.2024 in Roc.No.M1(Ndd.PS)/486139/2024 detaining the detenue in Central Prison, Rajamahendravaram. The same was approved vide G.O.Rt.No.775, dated 25.04.2024 issued by the 1^st Respondent.

4. The grounds on which the order of detention and subsequent proceedings had been issued was that the detenue is a "Goonda"defined under Section 2(g) of A.P.Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 and he is a habitual offender in antisocial activities involving in extortion, cheating, crime against Women and Ganja (NDPS cases) and other heinous offences.

5. The petitioner who is the father of the detenue moved the present Writ Petition for issuance of a Writ of Habeas- Corpus on the ground that the original detention order as well as the confirmation order were vitiated on the following grounds:-

1. The order of preventive detention could not have been issued as the sponsoring authority deliberately suppressed the factum of grant of bails to the detenue by the concerned Courts before the detaining authority.

2. The detenue was granted bails in four cases out of the eight cases registered against him, but he was not supplied the bail orders which were granted in his favour and the failure on the part of the detaining authority in supplying the bail orders vitiates the order of preventive detention.

3. The detenue was not furnished with the copies of the bail orders to enable him to make an effective representation before the concerned authorities and this procedural irregularity is sufficient to vitiate the entire order.

4. The order of cancellation of bail in Crime No.177 of 2023 on the file of Nidadavole PS vide Crl.M.P.No.2611 of 2023 is not in the knowledge of the detaining authority, as such, the detaining authority had no authenticated information to arrive at just conclusion that the detenue is a threat to maintenance of public order.

5. The detention order is vitiated on the ground of suppression of material facts.

6. As held by the Hon'ble Apex Court time and again that grant of bails to the detenue in the cases which were taken as grounds is a very vital fact and that not having knowledge about the said aspect clearly vitiates the entire order of preventive detention.

6. Sri Vishnu Teja, learned counsel appearing on behalf of the learned Advocate General would submit that, the original order of detention, at page No.14 of the compilation filed along with the counter affidavit specifically states that “Therefore I, Dr. K. Madhavi Latha, I.A.S., Collector & District Magistrate, East Godavari District, Rajamahendravaram in exercise of the powers conferred upon me under Sub Section 2 of Section 3 of the A.P.Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 vide G.O. Rt. No. 2425, General Administration (SC.I) Department, Dated: 15.12.2023 do hereby direct under Sub Sec