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2026 Supreme(AP) 389
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, PURUSHOTTAM KUMAR CHINTALAPUDI, JJ.
Ponna Roja W/o Bikki Narendra Babu - Appellant
Vs.
The State Of Andhra Pradesh - Respondent
Writ Petition No. 5684 of 2026
Decided On : 14-07-2026
Act Referred
PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.3(1), S.6, S.6(1)
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.20(b)(ii)(b), S.20(b)(ii)(c), S.37, S.8(c)
CRIMINAL PROCEDURE CODE : S.41(a)
BHARATIYA NAGARIK SURAKSHA SANHITA : S.35(b)
Advocate Appeared:
For the Appellant : Nuthakki Saarasa Raga Varshini
For the Respondent:GP For Revenue, The Advocate General
ORDER:
(Per Hon'ble Sri Justice Ravi Nath Tilhari)
Heard Ms.Nuthakki Saarasa Raga Varshini, learned counsel for the petitioner and Sri Kirthi Teja Kondaveeti, learned Government Pleader, attached to the office of the learned Additional Advocate General, appearing for respondent Nos.2 to 4, and perused the material on record.
2. This writ petition under Article 226 of the Constitution of India has been filed for a writ of Habeas Corpus by the wife of the detenu, by name Sri Bikki Narendra Babu @ Vicky Chowdary @ Pushpa, S/o Kumar.
3. An order of preventive detention was passed against the detenu by the State vide G.O.Rt.No.1314, Revenue (Excise.II) Department, dated 29.10.2025, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, "the PIT NDPS Act"). The detention order was passed based on seven criminal cases pending against the detenu. List of those cases is as under :-
| Sl. No | Cr.No., Sec of law & Name of the Police Station | Ganja Seized (in Kg’s) | Stage of the case |
|---|---|---|---|
| 1 | Cr.No.315/2018 U/s 20(B) of NDPS Act- 1985 of Hennur PS, Banaswadi Sub-Division, Bengaluru City. | 20 Kg | Pending in Trial |
| 2 | Cr.No.382/2019 U/s 20(b)(ii)(C) of NDPS Act & 27-A,28 Drugs & Cosmetics Act of II Town PS, Visakhapatnam City. | 2.4 Kg, 1 Gram MDMA, 2-LSD Blots, Alprazolan Tablets- 30(2 sheets) | Pending in Trial |
| 3 | Cr.No.64/2021 U/s 20(b)(ii)(B) r/w 8(c),25 of NDPS Act-1985 of Hukumpeta PS, Visakhapatnam District. | 144 Kg | Pending in Trial |
| 4 | Cr.No.716/2021 U/s 8(c) r/w 20(b)(ii)(A) of NDPS Act-1985 of Penamaluru PS, Krishna District. | 0.9 Kg | Pending in Trial |
| 5 | Cr.No.11/2023 U/s 8(c) r/w 20(b) of NDPS Act-1985, 417, 420, 419 r/w 120(b) r/w 34 IPC & 12(1)(A) of Passport Act of V.Sataram PS, SPS Nellore District. | 93.15 Kg | Pending in Trial |
| 6 | Cr.No.107/2023 U/s 20(b)(ii)(A) of NDPS Act-1985 of Tenali Rural PS, Guntur District. | 0.6 Kg | Pending in Trial |
| 7 | Cr.No.52/2025 U/s 8(c) r/w 20(b)(ii)(C) of NDPS Act-1985 of Governorpet PS, NTR Police Commissionerate, NTR District. | 41.58 Kg | Under investigation |
4. The detention order was confirmed by the State vide G.O.Rt.No.69, Revenue (Excise.II) Department, dated 12.01.2026, for a period of twelve months from the date of detention.
5. Challenging the detention order, the learned counsel for the petitioner submits that the proposal for the order of detention was made on 29.08.2025 by respondent No.3-the Inspector of Police, Governorpet Police Station, who forwarded the proposal for preventive detention to the 2nd respondent, the Commissioner of Police, NTR Police Commissionerate, Vijayawada. Thereafter, on 30.08.2025, the 2nd respondent-the Commissioner of Police, forwarded the proposal to the 1st respondent-the Principal Secretary to the State Government, who passed the order of detention against the detenu on 29.10.2025. As per Circular No.3 of 2018, dated 28.03.2018, by the Narcotics Control Bureau, Ministry of Home Affairs, paragraph No.3, for time line of the proposal, the Rule of live should be kept in mind. There should not be a long gap between the event of NDPS Act and date of proposal. The proposal should be sent as soon as possible ideally within 15 days of the event. The proposal was made on 29.08.2025. The event of NDPS pertains to the years 2018, 2019, 2021, and 2023, i.e., the criminal cases in Ground Nos.1 to 6 respectively. The Crime No.52 of 2025, in Ground No.7 occurred on 12.06.2025. The timeline was not adhered and the proposal was made long after 15 days. There being no live and proximate link, the proposal should not have been accepted and the order of detention should not have been passed. The order of detention is vitiated and the detenu is entitled to be set free. Reliance has been placed in Sushanta Kumar Banik v. State of Tripura and Others, 2022 SCC OnLine SC 1333.
6. Learned counsel for the petitioner submits that the circulars issued are binding on the authorities, which are required to adher to the prescribed timeline, and any failure to adhere to the timeline, and so
