Andhra Pradesh High Court – Amravati
Meka Venkateswaramma vs The State Of Andhra Pradesh
BENCH – THE HON’BLE SRI JUSTICE D.V.S.S. SOMAYAJULU AND THE HON’BLE SRI JUSTICE V. SRINIVAS
WRIT PETITION No. 41767 of 2022
DATE OF JUDGEMENT – 12 MAY 2023
FACTS
In this writ petition, the petitioner challenged the order of detention of her husband Meka Raju, S/o Venkateswara Rao, aged 43 years passed by the 2nd respondent (The Collector & District Magistrate of Krishna District), and prays to direct the respondent authorities to set the detenue at liberty forthwith.
As per the learned counsel for the petitioner, the said detention order passed by the 2nd respondent was confirmed by the 1st respondent, then thepetitioner wit to amend the prayer of the writ petition as ‘to issue writ order or direction more particularly one in the nature of writ of Habeas Corpus directing the 4th respondent (The Superintendent, Central Prison, Rajamahendravaram) to produce the detenue before this Court and set him at liberty forthwith by declaring the order of detention as illegal, arbitrary, against the principles of natural justice, against Article 21 of the Constitution of India and to pass such other order or orders which this Hon’ble Court may deem fit and proper in the circumstances of the case.
The Collector and District Magistrate, Krishna District, while categorizing the detenue as a “Bootlegger” within the definition of Section 3(1) and 3(2) r/w.2(a) and 2(b) of the A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, ‘the Act 1 of 1986’) passed the impugned order of detention which was confirmed by the 1st Respondent (The State of AP).
Learned counsel for the petitioner submits that the offences alleged against the detenue is under Section 7(A) r/w.8(E) of Andhra Pradesh Prohibition Act, 1995 and they can be dealt under general laws. It is also stated that out of five crimes, the detenue was already granted bail in four crimes and in one crime he was served with Section 41(A) Cr.P.C. notice; that the sponsoring authority did not place the copies of bail orders along with grounds of detention before the detaining authority to come to the right conclusion and that the detention authority erred in passing the impugned order without considering the material.
The learned counsel for the petitioner submits that the detention order and grounds of detention, would show the detaining authority as well sponsoring authority has not taken into consideration the fact that the detenue was on bail in all those cases and no opinion has been expressed as to whether the preventive detention of detenue was essential or not, and no such discussion was made in the order.
JUDGEMENT
In this case the court held that the order impugned was passed without proper application of mind. There are serious procedural violations also. The detenue will not fall under the category of Section 3(1) and 3(2) r/w.2(a) and 2(b) of the Act and that this Court could not find that the order of detention has material to either substantiate or justify the said allegation that the detenue is a ‘Bootlegger’ whose activities would be actually prejudicial to public order. So, this Writ Petition was allowed setting aside the order of detention passed by the 2nd respondent and, the detenue namely Meka Raju, S/o.Venkateswara Rao, aged 43 years, was directed to be released forthwith by the respondents if the detenue is not required in any other cases
JUDGEMENT REVIEWED BY HARSHIT JAIN
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