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U. DURGA PRASAD RAO, MRS. KIRANMAYEE MANDAVA
Malapolu Venkata Ramana – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Mrs. KIRANMAYEE MANDAVA, J :
1. This writ petition is filed under Article 226 of the Constitution of India for issuance of a writ of habeas corpus by declaring the proceedings of the 2nd respondent in MC No.25/M1/PD Act/2023 dated 18.07.2023, as confirmed by the 1st respondent vide proceedings in G.O. Rt. No.1793 GENERAL ADMINISTRATION (SC-I) Department, dated 07.09.2023 detaining the detenue, Sri Malapolu Siva Naga Mahesh @ Mahesh, S/o. Nagaraju, as illegal and unconstitutional.
2. The petitioner is the mother of the detenue, and she contends that the 2nd respondent vide MC No.25/M1/PDAct/2023 dated 18.07.2023, passed an order of detention under the provisions of Section 3 (1) and 3(2) read with Section 2 (f) of A.P. Prevention of Dangerous Activities of Bootleggers and Dacoits, Drug Offender, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, (for short "Act 1 of 1986") treating the detenue as "drug offender" for indulging in activities in contravention of the NDPS Act, 1985. It is stated that the detenue was granted bail in all the cases, by the date of detention. The following are the cases that were taken into consideration while passing the order of the de
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
The court clarified that a valid order of preventive detention must solely rely on relevant offences fitting the defined categorization, and reliance on irrelevant offences invalidates such orders.
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.
Preventive detention – Unless offences alleged to have been committed by detune are punishable under provisions of Chapter XVI or Chapter XVII or Chapter XXII of IPC, he would not fit into definition....
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
Non-consideration of bail orders and failure to furnish bail order copies to the detenue for effective representation would vitiate the detention order, rendering it illegal and unsustainable.
Preventive detention orders must provide all relevant documents to the detenue for effective representation; failure to do so invalidates the detention.
Preventive detention requires a showing of habitual offending; isolated acts may not meet the threshold for detainment under the Act without consistent evidence of antisocial behavior.
Failure to consider and furnish conditional bail orders in a preventive detention order renders the detention illegal.
The court ruled that failing to consider vital bail orders when issuing a detention renders the detention order illegal, violating constitutional rights of the individual.
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