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U. DURGA PRASAD RAO, MRS. KIRANMAYEE MANDAVA
Punnati Satyavathi – 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 3rd respondent in RC No.50/2023/C1 dated 30.06.2023, as confirmed by the 1st respondent vide proceedings in G.O. Rt. No.1323, dated 10.07.2023 and G.O. Rt. No.1787, dated 07.09.2023, detaining the detenue, Smt. Valluri Roja, W/o. (late) Ravi Kumar, as illegal and unconstitutional.
2. The petitioner is the sister of the detenue, and she contends that the 3rd respondent vide RC No.50/2023/C1 dated 30.06.2023, 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") 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 :
| Sl. No. | Crime No. | Provision of law | Date of offence | |
Preventive detention orders must be based on recent and relevant conduct of the detenue, demonstrating a clear link to future risks; reliance on stale offences without recorded justification renders ....
Preventive detention cannot rely on stale incidents lacking immediate proximity; a legitimate link must support the necessity of detention based on past conduct.
The repeated drug offending activities and the inadequacy of bail to prevent the detenu from indulging in dangerous drug offences justified the preventive detention.
Detention order – Justified - Cases registered under the NDPS Act - Drug-offender – Exclusion of two criminal cases registered for the offences punishable under Section 302 r/w 34 of IPC and Sections....
(1) Preventive detention – There is fine distinction between “law and order” and “public order” – Mere registration of three offences by itself would not have any bearing on maintenance of public ord....
Preventive detention orders must rely on relevant, non-stale material; reliance on acquitted cases renders such orders illegal.
The validity of a preventive detention order hinges on the detaining authority's access to all relevant materials, and omissions can invalidate the order.
(1) Preventive detention – Mere apprehension of a breach of law and order is not sufficient to meet standard of adversely affecting “maintenance of public order”.(2) Personal liberty of accused canno....
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