2011 (9) TMI 992 - SC - Indian Laws

Whether there is no infirmity either in the reasonings of the Detaining Authority or procedure followed by it? Whether the detenue was afforded adequate opportunity at every stage and there is no violation of any of the safeguards?

Issues Involved:
1. Legality of the detention order.
2. Adequacy of procedural safeguards and application of mind by the Detaining Authority.
3. Impact of the detenue's previous criminal activities on the detention order.
4. Consideration of the detenue's custody status at the time of the detention order.

Detailed Analysis:

1. Legality of the Detention Order:
The appellant challenged the detention order passed by the Collector and District Magistrate, Kadapa, under Sections 3(1) and 2(a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (the 1986 Act). The High Court dismissed the writ of Habeas Corpus, holding the detention lawful. The Supreme Court upheld this decision, noting that the Detaining Authority had sufficient grounds to classify the detenue as a 'goonda' under Section 2(g) of the 1986 Act, given his habitual involvement in offenses related to red-sanders smuggling.

2. Adequacy of Procedural Safeguards and Application of Mind by the Detaining Authority:
The Supreme Court emphasized the importance of preventive detention as a measure to prevent future crimes rather than to punish past actions. The Court referred to the principles laid out in Haradhan Saha vs. State of West Bengal, highlighting that preventive detention is valid even if the detenue is liable to be tried for criminal offenses. The Detaining Authority's detailed grounds of detention, spanning 60 pages, demonstrated a thorough application of mind, considering the detenue's habitual criminal activities and the inadequacy of normal legal procedures to curb such activities.

3. Impact of the Detenue's Previous Criminal Activities on the Detention Order:
The detenue was involved in eight separate incidents of red-sanders smuggling within a year, causing significant loss to national wealth. The Supreme Court reviewed these incidents, noting the habitual nature of the detenue's offenses. The Court rejected the appellant's argument that some cases were foisted, affirming that the detenue's continuous illegal activities warranted preventive detention. The Court concluded that the Detaining Authority's decision was justified based on the detenue's repeated offenses and the threat to public order and national wealth.

4. Consideration of the Detenue's Custody Status at the Time of the Detention Order:
The appellant argued that the detention order was invalid as it did not consider the detenue's custody status from 09.10.2010 to 10.11.2010. The Supreme Court referred to Union of India vs. Paul Manickam, which requires the Detaining Authority to be aware of the detenue's custody and the likelihood of release on bail. The Court found that the Detaining Authority had considered the detenue's custody and release status, satisfying the requirement for preventive detention. The Court also noted that this objection was not raised before the Advisory Board or in the initial grounds of challenge, weakening the appellant's argument.

Conclusion:
The Supreme Court dismissed the appeal, affirming the legality of the detention order. The Court held that the Detaining Authority had adequately considered the detenue's habitual criminal activities, the inadequacy of normal legal procedures, and the detenue's custody status. The procedural safeguards and statutory requirements were fully complied with, justifying the preventive detention to protect public order and national wealth.

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