IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.13457 of 2008 Between: Smt. Guntha Srilatha S/o. Guntha Satyanarayana R/o. H.No. 17/148, Park Road, Kota Bazar, Nandyal, Kurnool District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by Chief Secretary, General Administration ( Law & Order-II) Department, Secretariat Buildings, Hyderabad, 2 The Collector & District Magistrate, Kurnool. 3 The Superintendent, Central Jail, Cherlapalli, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Habeas Corpus or any appropriate writ order or direction directing the respondents to produce Sri Guntha Satyanarayana, S/o. Ayyappa Setty aged about 45 years, resident of Nandyal now detained in Central Prison, Cherlapalli, hyderabad before this Hon'ble Court and set him at liberty forthwith. Counsel for the Petitioner : MR.P.VEERA REDDY Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.13457 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard Sri P. Veera Reddy, learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The present Writ of Habeas Corpus is filed by the wife of the detenu seeking a direction to the respondents to produce her husband viz., Sri Gunta Satyanarayana @ Satyamaiah, s/o. Ayyappa Setty, aged about 45 years, resident of H.No.17-126-B, Park Road, Nandyal, Kurnool District, who is now detained in Central Prison, Cherlapally, before this Court and set him at liberty forthwith. 3. The husband of the petitioner was allegedly involved in black marketing of the rice. Taking into account his involvement in the said activity, by order, dated 20- 06-2008, in proceedings Ref.No.C1/1818/M/2008, issued by the competent authority i.e., the Collector & District Magistrate, Kurnool, the second respondent herein, exercising the jurisdiction conferred under Section 3 (2) (a) read with Section 3 (1) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for brevity “the Act”), the detenu was initially directed to be kept under the custody at Central Prison, Kadapa. Pursuant to the said order, the detenu was taken to Central Prison, Kadapa. But, the Central Prison authorities at Kadapa, appears to have reported that the Central Prison, Kadapa was not meant for confinement of detenus/black marketers except casual life convicts, remand prisoners and civil debtors, and returned the detenu without admitting him in Central Prison, Kadapa. Consequently, the second respondent herein, by proceedings Rc.No.C1.1818/M/2008, dated 21-06-2008, directed to keep the detenu in Central Prison, Cherlapally. 4. Though the original order of detention was passed by the competent authority on 20-06-2008 and the detenu was taken into custody on the same day, the grounds of detention were not supplied to the detenu at all in order to meet the requirements under Article 22 (5) of the Constitution of India. In other words, absolutely no material was supplied to the detenu and as a consequence thereof, the detenu was unaware of the grounds on which the order of detention was passed. 5. However, subsequently, the detenu came to know about the grounds of his detention, that too in the form of the modified order passed on 21-06-2008, directing to keep him in Central Prison, Cherlapally, instead of Central Prison at Kadapa. Therefore, virtually no material was made available to the detenu, except the modified order, dated 21-06-2008, which does not contain the grounds of his detention. 6. Therefore, as held by the apex Court as well as various High Courts, in catena of decisions, that the entire material for passing the order of detention should be supplied to the detenu, the order of detention is liable to be set aside. 7. Of course, it is that material which is relevant and being relied on by the detaining authority alone should be supplied to the detenu. But, the same is also not the issue in the present case, inasmuch as, the grounds of detention were neither informed nor any material was supplied to the detenu. In which event, the order of detention passed against the detenu is violative of the Fundamental Rights guaranteed under Article 21 of the Constitution of India. 8. In view of the above, we are of the opinion that the above lapse pointed out on the part of the competent authority would vitiate the order of detention and hence the initial order of detention, dated 20-06-2008, and subsequent order, dated 21-06-2008 passed against the alleged detenu are liable to be set aside. 9. In the result, the writ petition is allowed, at the stage of admission, setting aside the initial detention order, dated 20-06-2008, and subsequent order, dated 21-06-2008, in proceedings Rc.No.C1/1818/M/2008 passed by the Collector and District Magistrate, Kurnool, under Section 3 (2) (a) read with Section 3 (1) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, and all other consequential proceedings passed against the detenu, viz., Sri Gunta Satyanarayana @ Satyamaiah, s/o. Ayyappa Setty, aged about 45 years, resident of H.No.17-126-B, Park Road, Nandyal, Kurnool District, and the detenu shall be released forthwith, if not required in any other case. However, there shall be no order as to costs. 10. It is needless to mention that this order does not preclude the competent authority to pass appropriate orders against the detenu, strictly in accordance with law. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 19-08-2008. Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Secretary to Government, General Administration ( Law & Order-II) Department, Government of A.P., Secretariat Buildings, Hyderabad, 2 The Collector & District Magistrate, Kurnool. 3 The Superintendent, Central Jail, Cherlapalli, Hyderabad. 4. Two CCs to Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. 5. Two C.D. copies. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.13457 of 2008 19-08-2008 (Msr)