Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.

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 detention :

3. It is contended by the petitioner that out of fourteen (14) cases registered against the detenue, in seven (7) cases he was acquitted and two (2) cases he was convicted. It is represented that as on the date of passing of the award, the detenue was in judicial custody in two cases. In the remaining cases he was granted bail. It is further stated that the detenue was not supplied with the copies of the bail orders and factum of the grant of the said bail orders was not taken into consideration.

4. The 2nd respondent filed his counter-affidavit contending that the detenue has committed all the offences. A Rowdy sheet was opened against him on 19.12.2020. And that inspite of continuous watch on his movements by maintaining Rowdy sheet, he did not change his attitude and committed fourteen (14) crimes, which were registered under various penal provisions including the clandestine trade of transport, possession and sale of Ganja which is a prohibited contraband as per the provisions of NDPS Act. It is stated that the detenue is involved in four (4) Ganja cases, two (2) attempt to murder cases (under Section 307 IPC), two (2) theft cases (under Section 379 IPC) and also other offences covered under Chapters-XVI and XVII such as, offences against human being and offences against property