DUNGA KUMARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri D. Purnachandra Reddy, learned counsel for the petitioner and Sri Kirthi Teja, learned Government Pleader, attached to the Office of the Additional Advocate General, appearing for the respondents.

(2.) This writ petition under Article 226 of the Constitution of India has been filed for a Writ of Habeas Corpus by the petitioner for direction to the respondents to release the petitioner 's husband, namely, Dunga Manikyam (in short 'the detenu') pursuant to the Order of his detention.

(3.) The 2nd respondent - the Principal Secretary to Government (FAC), Revenue (Excise-II) Department, State of Andhra Pradesh, vide G.O.Rt.No.711, dtd. 9/7/2025 passed an Order of Detention under Sec. 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short 'PIT NDPS Act, 1988 ') on the ground that the detenu was involved in 'illicit traffic ' within the meaning of Sec. 2 (e) (iii) of the PIT NDPS Act, 1988 and his activities were prejudicial to the maintenance of the public order and to prevent him from further indulging in such type of activities, it was necessary to pass the Order of Detention. The case of the detenu was placed before the Advisory Board which reviewed and submitted its reports/opinions dtd. 7/8/2025 stating that there was sufficient cause for the detention of the detenu and accordingly, the State Government issued G.O.Rt.No.931, dtd. 26/8/2025 under Sec. 3 (1) read with Sec. 11 of the PIT NDPS Act, 1988, confirming the order of detention for a period of 12 months from the date of detention.