MALLIPATI LOVA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition for habeas corpus is filed under Article 226 of the Constitution of India, praying to produce the detenu-Mallipati Ganesh, son of Mallipati Arjuna, who was detained in Central Prison, Visakhapatnam, before the Court and to order for his release forthwith by declaring the detention order vide Rc.No.1183/2023/Mangl-SA, dtd. 12/7/2023, passed by the 2nd respondent, which was confirmed by the 1st respondent vide G.O.Rt.No.1780, General Administration (SPL.[LAW AND ORDER]) Department dtd. 5/9/2023, as illegal and unconstitutional and as it violates Article 21 of the Constitution of India.

(2.) Heard learned counsel for the petitioner and Sri Syed Khadir Masthan, learned Assistant Government Pleader attached to the office of the learned Additional Advocate General, appearing for the respondents.

(3.) The present Writ Petition is filed by the brother of the detenu- Mallipati Ganesh seeking direction to the respondents to set the detenu at liberty. The Collector and District Magistrate, who is arrayed as 2nd respondent herein, by exercising the power under Sec. 3(1)&(2) of the Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter called 'the Act', for short), passed the detention order detaining the detenu, on the ground that he was involved in 3 crimes, which are: (1) Crime No.3 of 2018 dtd. 12/1/2018, (2) Crime No.99 of 2021 dtd. 4/7/2021 and (3) Crime No.213 of 2023 dtd. 16/5/2023. All the said crimes against the detenu are registered for the offences punishable under Sec. 20(b)(ii)(C), 25 read with Sec. 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).