Preventive Detention Statute V

Learned Counsel has placed strong reliance on Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722. We may say with profound respect, Cherukuri Mani does not lay down correct law. It appears, attention of Learned Judges was not invited to T. Devaki v. Government of Tamil Nadu, (1990) 2 SCC 456 and Harvinder Singh Bedi v. State of Maharashtra, (1992) 2 SCC 177. Cherukuri Mani completely mis-read Section 3(2) of The Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986.

Hon’ble Justice J.B. Pardiwala, Pesala Nookaraju v. Government of Andhra Pradesh, [Special Leave Petition (Criminal) No. 9482 of 2023].