WP/18068/2025 of PANGI RAMESH Vs THE STATE OF AP on 21 November 2025

1. PANGI RAMESH, S 33, DUMBRIVALA VISAKAPATANAM

1. THE STATE OF REVENUE (EXCISE VELAGAPUDI AM PRADESH.

2. THE SUPERINTEN (ASR) DISTRICT, GUNTUR DISTRICT

3. THE SUPERINTEN Petition under Articl circumstances stated in pleased to issued writ or the writ of habeas corp directing the 2 Respond in Central prison. Visakh court and the Detenu ma E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) E TWENTY SECOND DAY OF NOVE THOUSAND AND TWENTY FIVE PRESENT RI JUSTICE CHEEKATI MANAVEND BLE SRI JUSTICE TUHIN KUMAR G RIT PETITION NO: 18068/2025 S/O. APPA RAO, AGED ABOUT 24 Y ASA VILLAGE,

ARAMA P

- 531151 AND AP, REP. BY ITS PRINCIPAL E-II) DEPARTMENT, SECRETARIA MARAVATHI,

GUNTUR DISTRI NDENT OF POLICE, AULLURI SEETH 5TH FLOOR, APIIC BUILDINGS, M T, ANDHRA PRADESH. DENT, CENTRAL PRISON, VISAKAP ...RES le 226 of the Constitution of India pra the affidavit filed therewith, the High rder or direction more particularly one pus under Article 226 of the Cons ent to produce Killo Govardhan, who hapatnam, Visakhapatnam district bef ay be ordered to be released forthwith DESH

EMBER DRANATH ROY GEDELA EARS, R/O. 7- PANCHAYATHI, ...PETITIONER SECRETARY, AT BUILDINGS, CT ANDHRA HARAMARAJU MANGALAGIRI, PATANAM. SPONDENT(S): aying that in the h Court may be e in the nature of titution of India is now detained fore this Honble h after declaring his detention vide C.No. 151/C2/DCRB-ASR/2025, dt. 12.05.2025, passed by the Respondent No.2 which was confirmed by the Respondent No.l vide G.O.Rt.No.579, dt.13.06.2025 Revenue (Excise.II) Dept., as illegal and un constitutional and pass Counsel for the Petitioner:

1. ANAND KUMAR KOCHIRI Counsel for the Respondent(S):

1. ADDL ADVOCATE GENERAL The Court made the following:

The Court made the following: ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Challenging the order, dated 12.05.2025 passed by respondent No.2- Superintendent of Police, Alluri Seetharamaraju (ASR) District, which was confirmed by respondent No.1-Principal Secretary to Government, Revenue (Excise-II) Department vide G.O.Rt.No.579 Revenue (Excise.II) Department, dated 13.06.2025 ordering for preventive detention of the detenu by name Sri Killo Govardhan (hereinafter referred to as ‘detenu’), the instant writ petition has been filed by the Writ Petitioner, who is his cousin brother.

2. Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

3. About three crime were registered against the detenu for the offences punishable under Sections 20b(ii)(B) r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’). The last crime, out of the said three crimes, was registered on 06.02.2024. Therefore, as three crimes were registered against him under NDPS Act, the State is of the view that his acts in repeatedly indulging in the commission of the said crimes are prejudicial to the maintenance of public order and that it is essential to detain him preventively from committing similar nature of offences in future in the larger interest of the public. The detenu was enlarged on bail in all the said crimes. Thereafter, in the month of June, 2025, i.e., on 13.06.2025, the impugned order of preventive detention was passed almost after a period of 15 months from the date of registration of the last crime against the detenu.

4. The petitioner seeks to assail the impugned order of detention on two grounds.

1) When the last crime among the three crimes was registered long back in the month of February, 2024 and when he did not commit any such crimes subsequently, that the detaining authority is not justified in passing the order of detention after a period of 15 months in the month of June, 2025.

2) Even though the detenu was enlarged on bail in all the three crimes prior to passing the order of detention, that the copies of the said orders are not placed before the detaining authority to enable him to apply his mind to record his subjective satisfaction to justify the order of preventive detention.

5. We find merit and considerable force in the said two contentions raised by the learned counsel for the petitioner, assailing the legal validity of the order of detention. Admittedly, the last crime was registered against the detenu long back in the month of February 2024. No crime was registered against him thereafter. Almost 15 months after the last crime was registered, the order of detention came to be passed in the month of June, 2025. Therefore, when the detenu did not involve in any crime for a period of 15 months after the last crime was registered, we see no justification in ordering for preventive detention.

6. Further, the law is well settled that when the detenu was enlarged on bail in the crimes that were made basis for passing the order of detention, that all the copies of the said bail orders shall be placed before the detaining authority to enable him to apply his mind to record his subjective satisfaction to pass order of preventive detention. Admittedly, no such copies of the orders of the bail were placed before him before passing the impugned order of preventive detention. Therefore, as per settled law, it vitiates the impugned order of preventive detention. Therefore, on the above two grounds, the impugned order of preventive detention is clearly unsustainable under law and the same is liable to be set aside.

7. In fine, the Writ Petition is allowed. The impugned order of preventive detention passed against the detenu, vide G.O.Rt.No.579 Revenue (Excise.II) Department, dated 13.06.2025 is hereby set aside. The detenu by name Killo Govardhan, S/o Puldar shall be released forthwith and he shall be set at liberty, if not required in any other crimes. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

Date: 22.11.2025 MP

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

AND

THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 18068 of 2025 Date: 22.11.2025

MP