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U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA
Kolapari Bhudamma – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
Mrs. KIRANMAYEE MANDAVA, J :
1. This writ petition is filed for issue of habeas corpus for production of the detenue, Sri Kolapari Srinubabu, before the Court, and sought for release of the detenue by declaring the proceedings of the 2nd respondent, dated 14.09.2023 vide REV02-GSTOLWOD/46/2023-MAG-CCLA, as confirmed by the 1st respondent in G.O. Rt. No.2231 General Administration (Law and Order) Department, dated 10.11.2023, as illegal and unconstitutional.
2. The petitioner herein is the mother of the detenue. It is stated that the 1st respondent vide proceedings dated 14.09.2023, passed an order of detention against the detenue detaining him in Central Prison, Visakhapatnam, treating the detenue as "drug offender" within the meaning of Section 3 (1) & (2) of the A.P. Prevention of Dangerous Activities of Bootleggers and Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, (for short "Act No.1 of 1986"). It is stated that following offences were taken into consideration while passing an order of detention :
| Sl. No. | Crime No. | Provision of law | Date of offence | Police Station |
| 1. | 459/2016 | under Section 20(b)(ii), read with 8(c) | ||
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.
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
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....
Point of law: Detaining authority has not only considered Section 379 IPC but also taken into consideration Section 20 of Forest Act, which is not covered by the provisions of the Act. Therefore, in ....
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 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 ....
Irrelevant grounds in a detention order vitiate the entire order.
Preventive detention requires clear evidence of the likelihood of release and necessity for detention; vague assertions are insufficient.
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