JAMBU SUJATHA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed for issuance of Habeas Corpus by declaring the proceedings of the 3rd respondent, in detaining Sri Jambu Ramesh, S/o.Balaiah vide order dtd. 27/7/2023 in No.Re:C1/309/M/2023, as confirmed by the 1st respondent in G.O.Rt.No.1916, dtd. 25/9/2023, as illegal and unconstitutional.

(2.) The writ petitioner is wife of the detenue, Sri Jambu Ramesh. The petitioner submits that the 3rd respondent vide proceedings dtd. 27/7/2023, passed an order of detention under Sec.3(1) & (2) 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 Prison, Cuddapah. The said order of detention was confirmed by the 1st respondent in G.O.Rt.No.1916, dtd. 25/9/2023, treating the detenue as Drug Offender" as defined under Sec.3 (1) and 3 (2) of the Act 1 of 1986. The following are the cases that have been taken into consideration by the 2nd respondent, while placing the detenue under detention:

(3.) The petitioner contends that five (5) cases were registered against the detenue under the provisions of Sec.272, 273, r/w 34 IPC., Sec.20(a)(b)(II)(A) of Narcotic Drugs and Psychotropic Substances Act,1985. It is stated that in all the 5 cases bails were granted, when the 5th crime was registered on 24/3/2023, the detenue was in judicial custody. It is represented that regular bail was granted in four (4) cases and in one case, the detenue was issued with notice under Sec.41-A of Cr.P.C. The petitioner primary contends that there is no proximity between the crimes registered. Following is the detailed chart of the crimes that were registered against the petitioner: