Preventive detention under the Andhra Pradesh Prevention of Dangerous Activities Act requires the authority to demonstrate necessity due to repeated offenses impacting public health, not merely due to the commission of crimes.

JUDGMENT : 

Ravi Nath Tilhari, J.

Heard Sri S. V. Maruthi Sankar, learned counsel, representing Sri Venkat Challa, learned counsel appearing for the petitioner, and Sri Kirthi Teja Kondaveeti, learned Government Pleader, attached to the Office of the Additional Advocate General, appearing for the State/respondents.

2. This writ petition under Article 226 of the Constitution of India has been filed for writ of Habeas Corpus to set aside the Order of detention dated 03.05.2025 baring Ref.No.M1/521904/2025 passed by the 2nd respondent-The Collector & District Magistrate, East Godavari District with respect to the petitioner’s wife Smt. Polisetti Laxmi (in short ‘the detenue’) and to set her free. During the pendency of the writ petition, the detention Order was confirmed by the State/1st respondent vide G.O.Rt.No.1206 dated 20.06.2025, served to the petitioner on 28.06.2025. By way of amendment, the petitioner has challenged the G.O.Rt.No.1206 dated 20.06.2025 as well.

I Facts:

3. By the detention Order, the detenue was detained on the ground that she is ‘bootlegger’ as defined under Section 2 (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (in short ‘the Act 1986’), as she was repeatedly indulging in committing offenses of possession, supply and sale of illicitly distilled liquor in contravention of Section 7(B) read with Section 8 (B) of Andhra Pradesh Prohibition (Amendment) Act, 2020 (in short ‘the Act 2020’) to prevent her from acting in any manner prejudicial to maintenance of public health and public order.

Detention Order by District Collector:

4. The detention Order passed by the 2nd respondent-the Collector & District Magistrate, East Godavari District, dated 03.05.2025, is reproduced as under:

“File No.REVEG-MAGL0M1(PRED)/7/2025-JA(MAGL-1)-COL-RJY-EG

Ref.No.M1/521904/2025
Date: 03/05/2025

Collector’s office

East Godavari

District

Rajamahendravaram

Proceedings of the Collector & District Magistrate, East Godavari
District, Rajamahendravaram
Present:- Smt. P. Prasanthi, I.A.S.,
***

ORDERS OF DETENTION

UNDER SECTION 3(1) & (2) R/W SECTION 2(b) OF THE Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (ACT No.1 OF 1986)

Read: 1. Govt. Circular Memo.No.106/Law & Order/A3/2014-1 (General Administration (Law & Order) Department), Dated:
29.10.2014.
2. G.O.Ms.No.18, General Administration (Law & Order) Department, Dated: 02.03.2015.
3. G.O.Rt.No.486, General Administration (SC.I) Department, Dated: 07.03.2025.
4. R.C.No.L/101/DPEORJVM/2025, Dt. 02.05.2025, of the District Prohibition and Excise Officer, East Godavari District, Rajamahendravaram.

Whereas, as per the information laid before me by the District Prohibition & Excise Officer, East Godavari District, Rajamahendravaram, which reveals that, one individual Smt. Polisetti Laxmi, W/o. Kondayya, A/53 yrs, C/Settibalija, R/o. Ayyappanagar, Rajamahendravaram Urban, East Godavari District is repeatedly indulging herself in clandestine possession, supply & sale of illicitly distilled liquor in contravention of Section 7(B) read with 8 (B) of A.P. Prohibition (Amendment) Act 2020. She indulged in bootlegging activities in the manner prejudicial to the public health and public order and she has involved in
05 cases.

Whereas, the following 05 cases are considered as grounds for her detention under the above act.