POLAVARAPU LAKSHMI SIRISHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India the petitioner challenging the detention of her husband Sri Polavarapu Nooka Raju, S/o Dandu, under order of detention in ROC.No.Magrl./52/2022, dtd. 30/4/2022 passed by the 2nd respondent - The Collector and District Magistrate, East Godavari District under Sec. 3(2) r/w 3(1) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (1 of 1986) [for short, 'the Act 1 of 1986'] and prayed to direct the respondent authorities to set the detenue at liberty forthwith.

(2.) The 2nd respondent has passed the detention order dtd. 30/4/2022 on the ground that the detenue was involved in following eleven cases and thus he is a 'Bootlegger' within the meaning of Sec. 2(b) of the Act 1 of 1986 and his activities are prejudicial to the maintenance of public health and public order.

(3.) The detention order is challenged in this writ petition on the grounds that the detenue is an innocent person and not committed any of the offences mentioned in the detention order; the cases in which he is involved can be effectively dealt with under the general law and his activities are not prejudicial to the maintenance of public health and public order; out of eleven crimes, which were taken as a ground for issuing detention order, the detenue was granted bail in ten cases even before the date of detention order and the said fact was not taken into consideration by the Detaining Authority while passing the detention order; the petitioner made a representation to the Government on 20/6/2022 requesting to set aside the detention order and release her husband but so far the 1 st respondent has not considered the same and passed any order and due to inordinate delay in considering the representation, the detention became illegal; though more than three months elapsed after the date of detention order, so far the Government neither passed the confirmation order and issued the G.O nor set aside the detention order in terms of Sec. -12 and hence the detention per se is illegal.