2005 (3) TMI 778 - SC - Indian Laws

Summary

Issues:
1. Validity of detention order based on stale instances.
2. Requirement of providing material to detenu for effective representation.

Issue 1: Validity of detention order based on stale instances
The State Government appealed against the High Court's decision to quash a detention order due to reliance on stale instances. The Supreme Court referred to a previous case and held that if the facts presented to the detaining authority are closely related and the last fact is close to the detention order, earlier incidents cannot be considered stale. The Court applied this principle to the current case, emphasizing the importance of proximity between facts to determine the validity of the detention order.

Issue 2: Requirement of providing material to detenu for effective representation
The respondent argued that under the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, only the manufacture, transport, and sale of arrack unfit for human consumption is prejudicial to public order. The detaining authority must provide the detenu with material supporting the claim that the arrack sold is dangerous to public health to enable effective representation. The State contended that since arrack sale is prohibited in Andhra Pradesh, proving it is dangerous is unnecessary. However, the Court disagreed, stating that proving arrack's danger to public health is crucial to invoke the Act's provisions. Therefore, the detaining authority must provide the detenu with relevant material to ensure a fair opportunity for representation.

In conclusion, the Supreme Court dismissed the appeal, upholding the High Court's decision. The Court emphasized the necessity of providing material to the detenu when detaining them under the Act to prevent the sale of goods dangerous for human consumption. The judgment clarified the requirements for valid detention orders and the detenu's right to access supporting material for effective representation.