MALAPOLU VENKATA RAMANA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of habeas corpus by declaring the proceedings of the 2nd respondent in MC No.25/M1/PD Act/2023 dtd. 18/7/2023, as confirmed by the 1st respondent vide proceedings in G.O.Rt.No.1793 GENERAL ADMINISTRATION (SC-I) department, dtd. 7/9/2023 detaining the 2detenue, Sri Malapolu Siva Naga Mahesh @ Mahesh, S/o.Nagaraju, as illegal and unconstitutional.

(2.) The petitioner is the mother of the detenue, and she contends that the 2nd respondent vide M.C.No.25/M1/PD Act/2023 dtd. 18/7/2023, passed an order of detention under the provisions of Sec 3(1) and 3(2) r/w Sec 2(f) of A.P Prevention of Dangerous Activities of Bootleggers and Dacoits, Drug Offender Goondas Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short "Act 1 of 1986") treating the detenue as "drug offender" for indulging in activities in contravention of the NDPS Act 1985. It is stated that the detenue was granted bail in all the cases, by the date of detention. The following are the cases that were taken into consideration while passing the order of the detention:

(3.) It is contended by the petitioner that out of fourteen (14) cases registered against the detenue, in seven (7) cases he was acquitted and two (2) cases he was convicted. It is represented that as on the date of passing of the award, the detenue was in judicial custody in two cases. In the remaining cases he was granted bail. It is further stated that the detenue was not supplied with the copies of the bail orders and factum of the grant of the said bail orders was not taken into consideration.