NANDYALA SHAIK SALEEM Vs. STATE OF AP

JUDGEMENT

(1.) This Writ Petition is filed for issuance of Habeas Corpus by directing the 4th respondent to produce the detenue and set him at liberty by declaring the proceedings of the 2nd respondent, in detaining Smt. Khairun Bee, W/o. Abdul Gafoor, vide order dtd. 20/6/2023 in Rc.No.C1/513/M/2023, as confirmed by the 1st respondent in G.O.Rt.No.1675 dtd. 21/8/2023, as illegal and unconstitutional.

(2.) The petitioner is the brother of the detenue. He contends that the the 2nd respondent vide proceedings dtd. 20/6/2023, passed an order of detention under Sec.3(1) read with Sec.2(f) of the A.P Prevention of Dangerous Activities of Bootleggers and Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act,1986, (for short "Act No.1 of 1986"), placing the detenue under detention in Central Special Prison, Kadapa,. The said order of detention was confirmed by the 1st respondent vide G.O.Rt.No.1675 dtd. 21/8/2023, treating the detenue as Drug offender" as defined under Sec.2 (f) of Act, 1 of 1986. The following are cases, that have been taken into consideration by the 2nd respondent, while placing the detenue under detention:

(3.) The petitioner contends that the sponsoring authority did not place the bail orders before the detaining authority and further that the same were not served on the detenue, in order to enable her to make a representation to the Advisory Board and the government, resulting in passing of the order of confirmation of the detention order.