Ponna Roja vs The State Of Andhra Pradesh on 14 July, 2026

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    Andhra Pradesh High Court – Amravati

    Ponna Roja vs The State Of Andhra Pradesh on 14 July, 2026

    APHC010104832026
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                           [3601]
                              (Special Original Jurisdiction)
    
                       TUESDAY, THE 14th DAY OF JULY 2026
    
                                      PRESENT
    
              THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
    
           THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR
                           CHINTALAPUDI
    
                           WRIT PETITION NO: 5684/2026
    
    Between:
    
       1. PONNA ROJA,, W/O BIKKI NARENDRA BABU, AGE 30YRS, OCC
          HOUSEWIFE, R/O D.NO    6-36/A, SCOT SPINE INTERNATIONAL
          SCHOOL ROAD, KANURU (V), PENAMALURU (M),        KRISHNA
          DISTRICT-520007
    
                                                                   ...PETITIONER
    
                                         AND
    
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
          SECRETARY REVENUE       (EXCISE.LL) DEPARTMENT, A.P.
          SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT -
          522503.
    
       2. THE COMMISSIONER OF POLICE AND ADDITIONAL DISTRICT
          MAGISTRATE, NTR DISTRICT - 520004.
    
       3. THE INSPECTOR OF POLICE, , GOVERNORPET POLICE STATION,
          NTR POLICE COMMISSIONERATE, NTR DISTRICT - 520003.
    
       4. THE      SUPERINTENDENT,     CENTRAL         PRISON,
          RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT -533101
    
                                                             ...RESPONDENT(S):
    
         Petition under Article 226 of the Constitution of India praying that in the
    circumstances stated in the affidavit filed therewith, the High Court may be
    pleased tomay be pleased to issue a writ order or direction more particularly
                                           2
                                                                       (RNT,J & PKC,J
                                                               W.P. NO.5684 OF 2026)
    
    one in nature of Writ of Habeas Corpus directing the 4th Respondent to
    produce Bikki Narendra Babu who is now detained in Central Prison
    Rajamahendravaram and he may be ordered to be released after declaring
    the detention order vide G.O.Rt.No 1314 dated 29-10-2025 and also
    confirmed Detention order vide G.O.Rt.No 69 dated 12-01-2026, issued by
    the 1St Respondent, as illegal, unconstitutional and violative of Articles 14,
    21 and 22 of the Constitution of India and set aside the same and to pass
    such
    
    Counsel for the Petitioner:
    
       1. NUTHAKKI SAARASA RAGA VARSHINI
    
    Counsel for the Respondent(S):
    
       1. GP FOR REVENUE
    
       2. THE ADVOCATE GENERAL
    
    The Court made the following:
                                               3
                                                                           (RNT,J & PKC,J
                                                                   W.P. NO.5684 OF 2026)
    
    ORDER:

    :-(per Hon‟ble Sri Justice Ravi Nath Tilhari)

    Heard Ms.Nuthakki Saarasa Raga Varshini, learned counsel for the

    SPONSORED

    petitioner and Sri Kirthi Teja Kondaveeti, learned Government Pleader,

    attached to the office of the learned Additional Advocate General, appearing

    for respondent Nos.2 to 4, and perused the material on record.

    2. This writ petition under Article 226 of the Constitution of India

    has been filed for a writ of Habeas Corpus by the wife of the detenu, by name

    Sri Bikki Narendra Babu @ Vicky Chowdary @ Pushpa, S/o Kumar.

    3. An order of preventive detention was passed against the detenu

    by the State vide G.O.Rt.No.1314, Revenue (Excise.II) Department, dated

    29.10.2025, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic

    Drugs and Psychotropic Substances Act, 1988 (for short, “the PIT NDPS

    Act“). The detention order was passed based on seven criminal cases

    pending against the detenu. List of those cases is as under :-

    Sl. Cr.No., Sec of law & Ganja Seized Stage of the
    No Name of the Police Station (in Kg‟s case
    (1) (2) (3) (4)

    1. Cr.No.315/2018 U/s 20(B) of NDPS 20 Kg Pending in Trail
    Act- 1985 of Hennur PS, Banaswadi
    Sub- Division, Bengaluru City.

    2. Cr.No.382/2019 U/s 20(b) (ii)(C) of 2.4 Kg, 1 Pending in Trail
    NDPS Act & 27-A,28 Drugs & Gram
    Cosmetics Act of II Town PS, MDMA, 2-

          Visakhapatnam City.                           LSD Blots,
                                                        Alprazolan
                                                       Tablets- 30(2
                                                          sheets)
                                           4
                                                                        (RNT,J & PKC,J
                                                                W.P. NO.5684 OF 2026)
    
    3.   Cr.No.64/2021 U/s 20(b) (ii) (B) r/w        144 Kg        Pending in Trail
         8(c),25 of NDPS Act-1985 of
         Hukumpeta     PS,   Visakhapatnam
         District.
    
    4.   Cr.No.716/2021 U/s 8(c) r/w 20(b)(ii)(A)     0.9 Kg       Pending in Trail
         of NDPS Act. -1985 of Penamaluru PS,
         Krishna District.
    
    5.   Cr.No.11/2023 U/s 8(c) r/w 20(b)of          93.15 Kg      Pending in Trail
         NDPS Act -1985, 417,420,419 r/w
         120(b) r/w 34 IPC & 12(1) (A) of
         Passport Act of V.Sataram PS, SPS
         Nellore District
    6.   Cr.Nο. 107/2023U3 ΒIe) τ/w 20(b)             0.6 Kg       Pending in Trail
         (ii)(A) of NDPS Act -1985 of Tenali
         Rural PS, Guntur District.
    
    
    7.   Cr.No.52/2025 U/s 8(c) r/w 20(b)(ii)(C)     41.58 Kg           Under
         of NDPS Act -1985 of Governorpet PS,                        investigation
         NTR Police Commissionerate, NTR
         District.
    
    
    
    

    4. The detention order was confirmed by the State vide

    G.O.Rt.No.69, Revenue (Excise.II) Department, dated 12.01.2026, for a

    period of twelve months from the date of detention.

    5. Challenging the detention order, the learned counsel for the

    petitioner submits that the proposal for the order of detention was made on

    29.08.2025 by respondent No.3-the Inspector of Police, Governorpet Police

    Station, who forwarded the proposal for preventive detention to the 2nd

    respondent, the Commissioner of Police, NTR Police Commissionerate,

    Vijayawada. Thereafter, on 30.08.2025, the 2nd respondent-the
    5
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    Commissioner of Police, forwarded the proposal to the 1st respondent-the

    Principal Secretary to the State Government, who passed the order of

    detention against the detenu on 29.10.2025. As per Circular No.3 of 2018,

    dated 28.03.2018, by the Narcotics Control Bureau, Ministry of Home Affairs,

    paragraph No.3, for time line of the proposal, the Rule of live should be

    kept in mind. There should not be a long gap between the event of NDPS

    Act and date of proposal. The proposal should be sent as soon as possible

    ideally within 15 days of the event. The proposal was made on 29.08.2025.

    The event of NDPS pertains to the years 2018, 2019, 2021, and 2023, i.e.,

    the criminal cases in Ground Nos.1 to 6 respectively. The Crime No.52 of

    2025, in Ground No.7 occurred on 12.06.2025. The timeline was not adhered

    and the proposal was made long after 15 days. There being no live and

    proximate link, the proposal should not have been accepted and the order

    of detention should not have been passed. The order of detention is vitiated

    and the detenu is entitled to be set free. Reliance has been placed in

    Sushanta Kumar Banik v. State of Tripura and Others 1.

    6. Learned counsel for the petitioner submits that the circulars

    issued are binding on the authorities, which are required to adher to the

    prescribed timeline, and any failure to adhere to the timeline, and so delay in

    passing the order of detention, shall enure to the benefit of the detenu in

    ordering the release of the detenu..

    1
    2022 SCC OnLine SC 1333
    6
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    7. Learned counsel for the petitioner further submits that the

    detenu was granted bail in all the seven (07) criminal cases. Except in

    Ground No.4, the bail order was not considered while passing the order of

    detention. It vitiates the order of detention for non-consideration of the

    relevant material.

    8. Learned Government Pleader submits that any ground with

    respect to the delay in submission of the proposal has not been taken in the

    writ petition. He submits that ‘rule of live and proximate link’ has been

    stated, but, it is with respect to the order of detention having been passed

    after many years from the occurrence of the crimes under NDPS. He

    submits that there is no log gap and while passing the order of detention,

    previous criminal cases the old one as well, could be taken into consideration

    and the last case is of the year 2025.

    9. Learned Government Pleader submits that the bail orders were

    forwarded to the detaining authority along with the proposal. Except in one

    case, as in Ground No.4, the bail orders in the other criminal cases in

    grounds appear not to have been taken into consideration as those bail

    orders are not reflected from the detention order. In the criminal case under

    Ground No.4, the bail was granted after the order of detention. So, there was

    no question to either mention in the proposal or to consider the same in the

    order of detention.

    7

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    10. Learned Government Pleader further submits that in view of

    Section 6(1) of the PIT NDPS Act, if the order of detention can be sustained

    even on a single ground, that one ground would be sufficient to maintain the

    detention order, as it is deemed to be a separate order on each such

    separate ground. He submits that the order of detention can be sustained, in

    any case, on Ground No.4. He has placed reliance in Dunga Kumari v.

    State of Andhra Pradesh and Others2.

    11. We have considered the aforesaid submissions advanced by the

    learned counsels for the parties, and perused the material on record.

    12. So far as the argument on time line of 15 days under the Circular

    mentioning rule of live is concerned, the order of detention has been passed

    taking into consideration, , as many as seven criminal cases ranging from the

    years 2018 to 2025. The proposal was made on 29.08.2025. As per Circular

    No.3 of 2018, dated 28.03.2018 “the proposal should be sent as soon as

    possible, ideally within 15 days of the event,” . The Circular Point No.3 of

    Narcotics Control Bureau, Ministry of Home Affairs, West Block No.1, Wing

    No.V, R.K.Puram, New Delhi-66, prescribed 15 days time from the date of

    the event i.e., criminal case, as the ideal period for forwarding the proposal,

    which is reproduced hereunder :

    “3. When:

    2
    W.P.No.23639 of 2025
    8

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    For timing of the proposal, Rule of live-link
    should be kept in mind, which means there
    should not be long gap between even of
    NDPS Act and date of proposal. The
    proposal should be sent as soon as
    possible-ideally within 15 days of the event.
    This will reduce paper work and ensure live
    nexus between the event(s) and detention.
    If there is a gap between event and the
    proposal the same must be explained in the
    proposal.”

    13. In Commissioner of Central Excise and Service Tax, Rohtak

    vs. Merino Panel Product Limited3, the Hon‟ble Apex Court held that the

    department and the departmental authorities cannot be permitted to take a

    stand contrary to the instructions issued. The department‟s stand cannot be

    against its own circular, and while the department‟s hands are tied with

    regard to its Circulars, no such prohibition operates on Courts and Tribunals.

    It is incumbent upon the adjudicatory bodies to ascertain the correct position

    of law unencumbered by the departments interpretation as crystallized in its

    administrative directions. The position of law is that the department is at

    liberty to issue circulars on the interpretation or application of different

    provisions but the Courts and the Tribunals would give effect to the law of

    land which shall be binding.

    14. Paragraph Nos.17 to 25 of Merino Panel Product Limited

    (supra) under head are reproduced as under:

    3

    (2023) 2 SCC 597
    9
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    “C. ANALYSIS C.1. BINDING NATURE OF CIRCULARS ISSUED BY
    THE DEPARTMENT

    17. On first blush, it appears that the arguments from the
    Appellant-Revenue and Respondent-Assessee are on two separate
    footings. While the former assails the specific reasoning given by the
    CESTAT for setting aside the show cause notice in terms of invocation
    of an incorrect part of the CEVR, the latter is more concerned with the
    binding nature of the CBEC Circular issued by the Revenue itself.

    18. It is clear that the latter question goes to the heart of the matter,
    rather than the issue of whether the show cause notice becomes legally
    untenable for failure to expressly mention that the valuation of the goods
    is to be done under Rule 11 read with Rule 9 of the CEVR. On the legal
    proposition advanced by learned ASG, we readily affirm that citation of
    an incorrect source of power does not vitiate the exercise of the power
    itself provided the power vests in the authority to begin with.

    19. However, what needs to be additionally ascertained is whether the
    Appellant acted in contravention of its own Circular. The reason for this
    is that while citation of an incorrect provision may not, by itself, lead to
    an invalidation of the show cause notice, but contravention of a binding
    circular that mandates a particular methodology to be followed might.

    The power under the CEA for issuance of such administrative/executive
    directions is contained in Section 37B.10 The binding nature of such
    Circulars has long been acknowledged by this Court.

    20. In The Paper Products Ltd. v. CCE ((1999) 7 SCC 84), the
    settled position on this point of law was noted in the following passage:

    “4. The question for our consideration in these appeals is: what is
    the true nature and effect of the Circulars issued by the Board in
    exercise of its power under Section 37-B of the Central Excise
    Act, 1944? This question is no more res integra in view of the
    various judgments of this Court. This Court in a catena of
    decisions has held that the Circulars issued under Section 37-B
    of the said Act are binding on the Department and the
    Department cannot be permitted to take a stand contrary to the
    instructions issued by the Board. These judgments have also held
    that the position may be different with regard to an assessee who
    can contest the validity or legality of such instructions but so far
    as the Department is concerned, such right is not available.”

    21. The rationale behind the requirement for the Revenue to abide by its
    own administrative directions and interpretation of different parts of the CEA
    and CEVR, was commented upon in Ranadey Micronutrients & Ors. v.
    Collector of Central Excise
    ((1996) 10 SCC 387):

    10

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    “15. There can be no doubt whatsoever, in the circumstances,
    that the earlier and later circulars were issued by the Board under
    the provisions of Section 37B, and the fact that they do not so
    recite does not mean that they do not bind Central Excise officers
    or become advisory in character. There can be no doubt
    whatsoever that after 21st November, 1994, Excise duty could be
    levied upon micronutrients only under the provisions of heading
    31.05 as “other fertilisers”. If the later circular is contrary to the
    terms of the statute, it must be withdrawn. While the later circular
    remains in operation the Revenue is bound by it and cannot be
    allowed to plead that it is not valid.

    16. We reject the submission to the contrary made by learned
    counsel for the Revenue and in the affidavit by M.K. Gupta,
    working as Director in the Department of Revenue, Ministry of
    Finance. One should have thought that an officer of the Ministry
    of Finance would have greater respect for circulars such as these
    issued by the Board, which also operates under the aegis of the
    Ministry of Finance, for it is the Board which is, by statute,
    entrusted with the task of classifying excisable goods uniformly.

    The whole objective of such circulars is to adopt a uniform
    practice and to inform the trade as to how a particular product will
    be treated for the purposes of Excise duty. It does not lie in the
    mouth of the Revenue to repudiate a circular issued by the Board
    on the basis that it is inconsistent with a statutory provision.
    Consistency and discipline are of far greater importance than the
    winning or losing of court proceedings.”

    22. Thus, the starting point of our analysis on this question is that
    the CBEC Circular of 01.07.2002 is binding on the Revenue. If the show
    cause notice issued by the Revenue is found to be contrary to the
    Circular, it would prima facie result in abrogation of the uniformity and
    consistency which is strongly emphasized upon in Ranadey
    Micronutrients
    (Supra). It goes without saying that the Revenue‟s stance
    against its own circular can potentially lead to a chaotic situation where,
    with one hand, the Revenue would lay down instructions on how to
    interpret the relevant statutes and rules, and with the other hand, it
    would promptly disobey those very directions.
    Maintaining predictability
    in taxation law is of utmost importance and, for this reason, the Court
    should not accept an argument by the Revenue that waters down its
    own Circular as this would fall squarely within the contours of the
    prohibition outlined in Paper Products (Supra).

    C.2. CONFLICT BETWEEN A CIRCULAR, AND A JUDGMENT
    AND/OR THE STATUTE.

    23. While the Department‟s hands are tied with regard to its
    Circulars, no such prohibition operates on Courts and Tribunals. It is
    11
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    incumbent upon the adjudicatory bodies to ascertain the correct position
    of law unencumbered by the Revenue‟s interpretation as crystallized in
    its administrative directions. A Constitution Bench of this Court in
    Collector of Central Excise, Vadodara v. Dhiren Chemicals Industries
    while interpreting an exemption notification issued under the CEA, had
    noted in Para 11 of its judgment that

    “11….regardless of the interpretation that we have placed on
    the said phrase [“appropriate”], if there are circulars which
    have been issued by the Central Board of Excise and Customs
    which place a different interpretation upon the said phrase,
    that interpretation will be binding upon the Revenue.”

    24. Dhiren Chemicals (Supra) subsequently led to some uncertainty, as
    the paragraph reproduced above was interpreted to mean that Circulars
    issued by the Revenue would remain binding even if they went against
    the ratio of decisions by this Court.
    However, the true intention behind
    the passage, as recounted above, was clarified in Kalyani Packaging
    Industry v. Union of India14
    by observing that:

    “6. We have noticed that Para 9 (para 11 in SCC) of Dhiren Chemical‘s case is
    being misunderstood.
    It therefore becomes necessary to clarify Para 9 of
    Dhiren Chemical
    ‘s case. One of us (Variava, J.)
    was a party to the Judgment
    of the Dhiren Chemical
    ‘s case and knows what was the intention in
    incorporating Para 9. It must be remembered that law laid down by this Court
    is law of the land. The law so laid down is binding on all Courts/Tribunals and
    Bodies. It is clear that circulars of the Board cannot prevail over the law laid
    down by
    this Court.
    However, it was pointed out that during hearing of Dhiren
    Chemical
    ‘s case because of circulars of the Board in many cases the
    Department had granted benefits of exemption Notifications.
    It was submitted
    that on the interpretation now given by this Court in Dhiren Chemical‘s case,
    the Revenue was likely to reopen cases. Thus Para 9 was incorporated to
    ensure that cases where benefits of exemption Notification had already been
    granted, the Revenue would remain bound. The purpose was to see that such
    cases were not reopened. However, this did not mean that even in cases
    where Revenue/Department had already contended that the benefit of an
    exemption Notification was not available, and the matter was sub-judice before
    a Court or a Tribunal, the Court or Tribunal would also give effect to circulars
    of the Board in preference to a decision of the Constitution Bench of this Court.

    Where as a result of dispute the matter is sub-judice a Court/Tribunal is, after
    Dhiren Chemical‘s case, bound to interpret as set out in that judgment. To hold
    otherwise and to interpret in the manner suggested would mean that
    Courts/Tribunals have to ignore a judgment of this Court and follow circulars of
    the Board. That was not what was meant by Para 9 of Dhiren Chemical’s
    case.”

    25. Following this, the position of law which materialized was that the
    Revenue was at liberty to issue Circulars on the interpretation or
    12
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    application of different provisions, but Courts and Tribunals would give
    effect to the decisions of the Supreme Court as the law of the land.
    Another Constitution Bench of this Court in Commissioner of Central
    Excise, Bolpur v. Ratan Melting and Wire Industries ((2004) 6 SCC 719)
    drew a line in the sand with regard to any future confusion on this point,
    in definitive terms and held as follows:

    “7. Circulars and instructions issued by the Board are no doubt
    binding in law on the authorities under the respective statutes, but
    when the Supreme Court or the High Court declares the law on
    the question arising for consideration, it would not be appropriate
    for the Court to direct that the circular should be given effect to
    and not the view expressed in a decision of this Court or the High
    Court. So far as the clarifications/circulars issued by the Central
    Government and of the State Government are concerned they
    represent merely their understanding of the statutory provisions.
    They are not binding upon the court. It is for the Court to declare
    what the particular provision of statute says and it is not for the
    Executive. Looked at from another angle, a circular which is
    contrary to the statutory provisions has really no existence in law.”

    15. The PIT NDPS Act does not lay down, any time limit for making

    proposal to the detaining authority. However, for executive functioning of the

    department in passing the detention order circular has been issued. The

    circular issued by the department may be binding on the department and the

    officers working in the department, in the course of business. But that does

    not bind the Tribunal or the Courts with respect to any interpretation of the

    circular as given by the department and it is open for the Court to consider

    the effect of time line in the Circular and the interpretation made by the

    Courts would bind all.

    16. We shall therefore consider whether the time line in the Circular

    for sending proposal within 15 days is mandatory and whether proposal

    cannot be sent beyond 15 days and if sent beyond 15 days its legal aspect
    13
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    on such proposal for consideration by the detaining authority as also on the

    order of detention.

    17. The significant expression used in paragraph No.3 of the

    Circular, is “as soon as possible.” So, the proposal has to be forwarded as

    soon as possible from the event i.e., the occurrence of the criminal case.

    18. In General Insurance Council and others vs. State of

    Andhra Pradesh and others4, the Hon‟ble Apex Court held that the use of

    the expression “as soon as” implies that there has to be promptitude in

    action. To do a thing “as soon as possible” means to do it within a

    reasonable time, with an understanding to do it within the shortest possible

    time. “As and When” and “as soon as” are almost synonymous. Whenever

    these expressions are used in respect of time and place, they denote

    contemporaneous notion. “As soon as” and “forthwith” both are to be

    normally understood as allowing reasonable time, but latter is more

    peremptory than the former. But urgency is the hallmark of both expressions.

    Expression “as soon as” may be stretched to mean “as soon as” practicable.

    The proposal has to be forwarded with promptitude.

    19. Though, 15 days time line has been prescribed, but the same

    appears to us not a mandatory time line, beyond which proposal cannot be

    made. It is only set up as an ideal period. The time line may vary for the

    proposals, depending upon the facts and circumstances of each case. The

    4
    (2007) 12 SCC 354,
    14
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    departmental circulars may be binding on the authorities and may have been

    issued with the object to take prompt action, but any violation of the time line

    or no-strict-adherence thereto, in the absence of any consequences provided

    under the Circular and such time line also not having being prescribed under

    the PIT NDPS Act, it cannot be said that after the timeline under the Circular,

    the proposal cannot be forwarded or the order of detention cannot be passed

    merely because the proposal was made after 15 days of the event.

    20. However, at the same time, it does not mean that the rule of

    live and proximate link is not to be followed and the order of detention can

    be passed on stale criminal cases or there being no necessity of detention for

    unreasonable delay defeating the very purpose of the preventive detention.

    21. In Rajinder Arora v. Union of India and Others 5, the

    Hon‟ble Apex Court has held that the delay in issuing the order of detention

    is a valid ground for quashing the order of detention. The Hon‟ble Apex Court

    referred to T.A. Abdul Rahman v. State of Kerala and Others 6 in

    which it was held that there should be a proximity of time between the

    prejudicial activities and the purpose of detention. However, no hard-and-fast

    rule can be laid down which may be applicable to the facts and

    circumstances of each case. The test of proximity is not a rigid or mechanical

    test by counting the number of months between the offending acts and the

    5
    (2006) 4 SCC 796
    6
    (1989) 4 SCC 741
    15
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    order of detention. It has to be examined whether the causal connection has

    been broken in the circumstances of each case.

    22. Paragraph No.21 of Rajinder Arora (supra) reads as under :

    “21. The question as regards delay in issuing the order of detention has been
    held to be a valid ground for quashing an order of detention by this Court in T.A.
    Abdul Rahman v. State of Kerala
    [(1989) 4 SCC 741 : 1990 SCC (Cri) 76 : AIR
    1990 SC 225] stating: (SCC pp. 748-49, paras 10-11)

    “10. The conspectus of the above decisions can be summarised
    thus: The question whether the prejudicial activities of a person
    necessitating to pass an order of detention is proximate to the time
    when the order is made or the live-link between the prejudicial
    activities and the purpose of detention is snapped depends on the
    facts and circumstances of each case. No hard-and-fast rule can be
    precisely formulated that would be applicable under all
    circumstances and no exhaustive guidelines can be laid down in
    that behalf. It follows that the test of proximity is not a rigid or
    mechanical test by merely counting number of months between the
    offending acts and the order of detention. However, when there is
    undue and long delay between the prejudicial activities and the
    passing of detention order, the court has to scrutinise whether the
    detaining authority has satisfactorily examined such a delay and
    afforded a tenable and reasonable explanation as to why such a
    delay has occasioned, when called upon to answer and further the
    court has to investigate whether the causal connection has been
    broken in the circumstances of each case.

    11. Similarly when there is unsatisfactory and unexplained delay
    between the date of order of detention and the date of securing the
    arrest of the detenu, such a delay would throw considerable doubt
    on the genuineness of the subjective satisfaction of the detaining
    authority leading to a legitimate inference that the detaining
    authority was not really and genuinely satisfied as regards the
    16
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    necessity for detaining the detenu with a view to preventing him
    from acting in a prejudicial manner.”

    23. In Khaja Bilal Ahmed v. State of Telangana and

    Others7, the Hon‟ble Apex Court held that only those activities so far back in

    the past can be considered as furnishing a cause for preventive detention in

    the present, which lead to the conclusion that he is likely to engage in such

    activities in the immediate future. Paragraphs 21 & 22 of Khaja Bilal

    Ahmed (supra) read as under :

    “21. In Sama Aruna v. State of Telangana (2018) 12 SCC 150, this Court
    while construing the provisions of the Telangana Offenders Act, 1986 held :

    (SCC pp. 157-58, para 16)

    “16. Obviously, therefore, the power to detain, under the 1986 Act can be
    exercised only for preventing a person from engaging in, or pursuing or
    taking some action which adversely affects or is likely to affect adversely
    the maintenance of public order; or for preventing him from making
    preparations for engaging in such activities. There is little doubt that the
    conduct or activities of the detenu in the past must be taken into account
    for coming to the conclusion that he is going to engage in or make
    preparations for engaging in such activities, for many such persons follow a
    pattern of criminal activities. But the question is how far back? There is no
    doubt that only activities so far back can be considered as furnish a cause
    for preventive detention in the present. That is, only those activities so far
    back in the past which lead to the conclusion that he is likely to engage in
    or prepare to engage in such activities in the immediate future can be taken
    into account. In Golam Hussain v. State of W.B. [Golam Hussain v. State of
    W.B., (1974) 4 SCC 530 : 1974 SCC (Cri) 566] this Court observed as
    follows : (SCC p. 534, para 5)

    7
    (2020) 13 SCC 632
    17
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    „5. … No authority, acting rationally, can be satisfied,
    subjectively or otherwise, of future mischief merely
    because long ago the detenu had done something evil.

    To rule otherwise is to sanction a simulacrum of a
    statutory requirement. But no mechanical test by
    counting the months of the interval is sound. It all
    depends on the nature of the acts relied on, grave and
    determined or less serious and corrigible, on the length
    of the gap, short or long, on the reason for the delay in
    taking preventive action, like information of
    participation being available only in the course of an
    investigation. We have to investigate whether the
    causal connection has been broken in the
    circumstances of each case.‟

    Suffice it to say that in any case, incidents which are said to have
    taken place nine to fourteen years earlier, cannot form the basis for
    being satisfied in the present that the detenu is going to engage in, or
    make preparation for engaging in such activities.”

    (emphasis supplied)

    22. In the facts of that case, the Court held that the order of detention
    was passed on stale grounds, which could not have been considered as
    relevant for arriving at the subjective satisfaction that the detenu must be
    detained. This Court held thus : (Sama Aruna case [Sama Aruna v. State
    of Telangana
    , (2018) 12 SCC 150 : (2018) 3 SCC (Cri) 441] , SCC p.
    158, para 17)

    “17. … The detention order must be based on a reasonable
    prognosis of the future behaviour of a person based on his
    past conduct in light of the surrounding circumstances. The
    live and proximate link that must exist between the past
    conduct of a person and the imperative need to detain him
    must be taken to have been snapped in this case. A detention
    order which is founded on stale incidents, must be regarded
    as an order of punishment for a crime, passed without a trial,
    though purporting to be an order of preventive detention. The
    essential concept of preventive detention is that the detention
    of a person is not to punish him for something he has done
    but to prevent him from doing it. See G. Reddeiah v. State of
    A.P. [G. Reddeiah
    v. State of A.P., (2012) 2 SCC 389 : (2012) 1
    SCC (Cri) 881] and P.U. Iqbal v. Union of India [P.U. Iqbal v.
    Union of India, (1992) 1 SCC 434 : 1992 SCC (Cri) 184] .”

    (emphasis supplied)
    18
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    24. In P.U.Iqbal v. Union of India and Others 8 , the

    Hon‟ble Apex Court held that if there is unreasonable delay between

    the date of the order of detention and the date of arrest of the detenu,

    such delay unless satisfactorily explained throws a considerable doubt

    on the genuineness of the requisite subjective satisfaction of the

    detaining authority in passing the detention order and consequently

    renders the detention order bad and invalid because the „live and

    proximate link‟ between the grounds of the detention and the purpose of

    detention is snapped in arresting the detenu. A question whether the

    delay is unreasonable and stands unexplained depends on the facts

    and circumstances of each case.

    25. In Sushanta Kumar Banik (supra), the Hon‟ble Apex Court,

    referred to the decision in Ashok Kumar vs. Delhi Administration and

    others9 wherein it was held that the preventive detention is devised to afford

    protection to society. The object is not to punish a man for having done

    something but to intercept before he does it and to prevent him from doing.

    With the said object of the preventive detention, it is very imperative on the

    part of the detaining authority as well as the executing authorities to remain

    vigilant and keep their eyes skinned but not to turn a blind eye in passing the

    detention order at the earliest from the date of the proposal and executing the

    detention, because any indifferent attitude on the part of the detaining

    8
    (1992) 1 SCC 434
    9
    (1982)2 SCC 403
    19
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    authority or executing authority would defeat the very purpose of the

    preventive action and turn the detention order as a dead letter and frustrate

    the entire proceedings. The Hon‟ble Apex Court emphasized on the adverse

    effect of delay in arresting a detenu observing that the rule is that

    unreasonable and unexplained delay in securing a detenu and detaining him

    vitiates the detention order. It was observed that the same principles would

    apply even in the case of delay in passing the order of detention from the

    date of the proposal and the common underlying principle in both situations

    would be the “live and proximate link” between the grounds of detention and

    the avowed purpose of detention.

    26. In Sushanta Kumar Banik (supra), the Hon‟ble Apex Court,

    held that if there is unreasonable delay from the date of the proposal and

    passing of the order of detention such delay, unless satisfactorily explained

    throws a considerable doubt on the genuiness of the requisite subjective

    satisfaction of the detaining authority in passing the detention order and

    consequently render the detention order bad and invalid because the “live

    and proximate link” between the grounds of detention and the purpose of

    detention is snapped in arresting the detenu. A question whether the delay is

    unreasonable and stands unexplained depends on the facts and

    circumstances of each case. In the said case, the detaining authority after

    receipt of the proposal from the sponsoring authority was indifferent in

    passing the order of detention with greater promptitude. The “live and
    20
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    proximate link” between the grounds of detention and the purpose of

    detention was held as stood snapped in arresting the detenu and as the

    delay was not explained in any manner.

    27. The Hon‟ble Apex Court, in Sushanta Kumar Banik (supra)

    further held that the accused arrested under the NDPS Act, 1985, can be

    ordered to be released on bail only after the court is satisfied that there are

    reasonable grounds for believing that the accused is not guilty of such

    offence and that he is not likely to commit any offence while on bail. If the

    accused was ordered to be released on bail despite the rigrous of Section 37

    of the NDPS Act, 1985, then the same is suggestive that the Court

    concerned might not have found any prima facie case against the accused.

    28. In Sushanta Kumar Banik (supra), the detaining authority did

    not make any reference to the fact that the detenu therein was released on

    bail. That fact was not brought to the notice of the detaining authority in the

    proposal. The Hon‟ble Apex Court held that had this fact been brought to the

    notice of the detaining authority, then it would have influenced the mind of the

    detaining authority one way or the other on the question whether or not to

    make an order of detention. The case of Asha Devi v. Additional Chief

    Secretary to the Government of Gujarat and another 10 was referred in

    which it was held that if material or vital facts which would influence the

    minds of the detaining authority one way or the other on the question whether

    10
    1979 Crl LJ 203
    21
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    or not to make the detention order, are not placed before or are not

    considered by the detaining authority it would vitiate its subjective satisfaction

    rendering the detention order illegal. The case of Sk. Nizamuddin vs. State

    of West Bengal11, was also referred, in which it was held that the fact that a

    criminal case is pending against the accused who is sought to be proceeded

    by way of preventive detention is a very material circumstance which ought to

    be placed before the detaining authority. The circumstances might quite

    possible have an impact on his decision whether or not to make an order of

    detention. It was not altogether unlikely that the detaining authority in a given

    case may take the view that since a criminal case is pending against the

    person sought to be detained, no order of detention should be made for the

    present, but the criminal case should be allowed to run its full course and

    only if it fails to result in conviction, then preventive detention should be

    resorted to. It was most unfair to the person sought to be detained not to

    disclose the pendency of a criminal case against him to the detaining

    authority.

    29. Paragraph Nos.23, 26 to 28 of Sushanta Kumar Banik (supra)

    are being reproduced as under:

    “23. A plain reading of the aforesaid provision would indicate that the accused
    arrested under the NDPS Act, 1985 can be ordered to be released on bail only
    if the Court is satisfied that there are reasonable grounds for believing that the
    accused is not guilty of such offence and that he is not likely to commit any
    offence while on bail. If the appellant herein was ordered to be released on bail

    11
    (1975) 3 SCC 395
    22
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    despite the rigours of Section 37 of the NDPS Act, 1985, then the same is
    suggestive that the Court concerned might not have found any prima facie
    case against him. Had this fact been brought to the notice of the detaining
    authority, then it would have influenced the mind of the detaining authority one
    way or the other on the question whether or not to make an order of detention.

    The State never thought to even challenge the bail orders passed by the
    special court releasing the appellant on bail.”

    * * * * * * * * * * *

    “26. From the above decisions, it emerges that the requisite subjective
    satisfaction, the formation of which is a condition precedent to passing of a
    detention order will get vitiated if material or vital facts which would have
    bearing on the issue and weighed the satisfaction of the detaining authority
    one way or the other and influence his mind are either withheld or suppressed
    by the sponsoring authority or ignored and not considered by the detaining
    authority before issuing the detention order.

    27. It is clear to our mind that in the case on hand at the time when the
    detaining authority passed the detention order, this vital fact, namely, that the
    appellant detenu had been released on bail by the Special Court, Tripura
    despite the rigours of Section 37 of the NDPS Act, 1985, had not been brought
    to the notice and on the other hand, this fact was withheld and the detaining
    authority was given to understand that the trial of those criminal cases was
    pending.

    28. The preventive detention is a serious invasion of personal liberty and the
    normal methods open to a person charged with commission of any offence to
    disprove the charge or to prove his innocence at the trial are not available to
    the person preventively detained and, therefore, in prevention detention
    jurisprudence whatever little safeguards the Constitution and the enactments
    authorizing such detention provide assume utmost importance and must be
    strictly adhered to.”

    30. In Rushikesh Tenaji Bhoite vs. State Maharashtra and

    others 12 the Hon‟ble Apex Court held that In a case where detenu is

    released on bail and is enjoying his freedom under the order of the court at

    12
    2012(2) SCC 72
    23
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    the time of passing the order of detention, then such order of bail, must be

    placed before the detaining authority to enable him to reach at the proper

    satisfaction. The non-placing and non-consideration of the material, as vital

    as the bail orders vitiated the subjective decision of the detaining authority.

    31. In Dunga Kumari vs. The State of Andhra Pradesh and

    others, (W.P.No.23639 of 2025 decided on 08.07.2026) it was held, after

    referring inter alia to Champion R. Sangma v. State of Meghalaya and

    Another13, that even if the detenu is in jail in connection with some criminal

    cases there is no prohibition in law to pass the detention order, however,

    certain aspects have to be borne in mind by the detaining authority and the

    satisfaction on those aspects is to be arrived at while passing the detention

    order. Those factors, were restated being; (1) If the authority passing the

    order is aware of the fact that the detenu is actually in custody; (2) If he has

    reason to believe on the basis of reliable material placed before him (a) that

    there is a real possibility of his being released on bail, and (b) that on being

    so released he would in all probability indulge in prejudicial activity; and (3) if

    it is felt essential to detain him from so doing.

    32. Paragraph Nos.12,13, 15 and 16 of Dunga Kumari (supra) are

    being reproduced as under:

    “12. In Champion R. Sangma (supra), the Hon‟ble Apex
    Court has held that even if the detenu is in jail in connection with
    some criminal cases, there is no prohibition in law to pass the
    13
    (2015) 16 SCC 253
    24
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    detention order. However, there are certain aspects which have to
    be borne in mind by the detaining authority and satisfaction on those
    aspects is to be arrived while passing the detention order. Referring
    to the case in Kamarunnissa v. Union of India 14 those three
    factors were re-stated; (1) If the authority passing the order is aware
    of the fact that the detenu is actually in custody; (2) If he has reason
    to believe on the basis of reliable material placed before him (a) that
    there is a real possibility of his being released on bail, and (b) that
    on being so released he would in all probability indulge in prejudicial
    activity; and (3) if it is felt essential to detain him from so doing. The
    Hon‟ble Apex Court held that if the authority passes an order after
    recording his satisfaction on these aspects, such an order cannot be
    struck down on the ground that the proper course for the authority
    was to oppose the bail and if bail is granted notwithstanding such
    opposition, to question it before a higher Court.

    13. Paragraphs 9, 10 and 11 of Champion R. Sangma
    (supra) are reproduced as under:

    “9. Coming to the ground on which we intend to allow this appeal, we may point out
    that even if the appellant is in jail in connection with some criminal case(s) there is no
    prohibition in law to pass the detention order. Law on this aspect is well settled and
    stands crystallised by a plethora of judgments of this Court. However, a reading of those
    very judgments also clarifies that there are certain aspects which have to be borne in
    mind by the detaining authority and satisfaction on those aspects is to be arrived at
    while passing the detention order.

    10. There are three such factors which were restated
    in Kamarunnissa v. Union of India [Kamarunnissa v. Union of India, (1991) 1
    SCC 128 : 1991 SCC (Cri) 88] : (SCC pp. 140-41, para 13)
    “13. From the catena of decisions referred to above it seems clear to us that
    even in the case of a person in custody a detention order can validly be passed (1)
    if the authority passing the order is aware of the fact that he is actually in custody;
    (2) if he has reason to believe on the basis of reliable material placed before him

    14
    (1991) 1 SCC 128
    25
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    (a) that there is a real possibility of his being released on bail, and (b) that on
    being so released he would in all probability indulge in prejudicial activity; and
    (3) if it is felt essential to detain him to prevent him from so doing. If the authority
    passes an order after recording his satisfaction in this behalf, such an order cannot
    be struck down on the ground that the proper course for the authority was to
    oppose the bail and if bail is granted notwithstanding such opposition, to question
    it before a higher court. What this Court stated in Ramesh Yadav [Ramesh
    Yadav v. District Magistrate, Etah
    , (1985) 4 SCC 232 : 1985 SCC (Cri) 514] was
    that ordinarily a detention order should not be passed merely to pre-empt or
    circumvent enlargement on bail in cases which are essentially criminal in nature
    and can be dealt with under the ordinary law. It seems to us well settled that even
    in a case where a person is in custody, if the facts and circumstances of the case
    so demand, resort can be had to the law of preventive detention. This seems to be
    quite clear from the case law discussed above and there is no need to refer to the
    High Court decisions to which our attention was drawn since they do not hold
    otherwise. We, therefore, find it difficult to accept the contention of the counsel
    for the petitioners that there was no valid and compelling reason for passing the
    impugned orders of detention because the detenus were in custody.”

    11. The aforesaid dicta is reiterated in subsequent judgments as well. Some of
    which are as under:

    (i) T.V. Sravanan v. State [T.V. Sravanan v. State, (2006) 2 SCC 664 : (2006)
    1 SCC (Cri) 593] ,

    (ii) K.K. Saravana Babu v. State of T.N. [K.K. Saravana Babu v. State of T.N.,
    (2008) 9 SCC 89 : (2008) 3 SCC (Cri) 679] ,

    (iii) Huidrom Konungjao Singh v. State of Manipur [Huidrom Konungjao
    Singh v. State of Manipur, (2012) 7 SCC 181 : (2013) 1 SCC (Cri) 956] .”

    15. The other cited judgments of Syed Mohiyuddin
    (supra), Cheemparthi Parvin (supra) and V. Adi Lakshmi (supra)
    as in para-7 (supra) also hold the same relying upon the Hon‟ble
    Apex Court judgment in Champion R. Sangma (supra). But, the
    question is whether the Order of Detention would be vitiated on the
    aforesaid submissions and grounds and the detenu entitled to be
    set free.

    26

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    16. The aforesaid law is by now well settled. When tested
    on the triple tests as in Champion R. Sangma (supra) the Order of
    Detention satisfied only the first test, i.e., the detaining authority was
    aware that the detenu was in custody in Cr.No.42 of 2025 (Ground
    No.6). However, the other two tests are not satisfied. While
    considering the Ground No.6, the Principal Secretary to
    Government has not recorded its satisfaction; (1) that the authority
    had reason to believe on the basis of reliable material placed before
    him, (a) that there was a real possibility of the detenu being
    released on bail, and (b) that on being so released he would in all
    probability indulge in prejudicial activity; and (2) if it was felt
    essential to prevent him from so doing, with respect to the aforesaid
    case. So, the Order of Detention cannot stand on Ground No.6.”

    33. In Dunga Kumari (supra), this Court also considered Section 6

    of PIT NDPS Act according to which, where a person has been detained in

    pursuance of an order of detention under sub-section (1) of section 3, which

    has been made on two or more grounds, such order of detention shall be

    deemed to have been made separately on each of such grounds. So, if the

    order of preventive detention cannot be sustained on any one or more

    grounds but can be sustained on some ground on which the order of

    detention, has been passed, the order of preventive detention shall be valid

    and not invalid, as the order of preventive detention under the PIT NDPS Act

    is considered a separate order on each and every ground. So, unless all the

    grounds are unsustainable, the order of preventive detention would not be

    invalid. The detenu in that case shall not be entitled to be set free.
    27

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    34. Paragraphs 19, 20 to 26 of Dunga Kumari (supra) are being

    reproduced as under:

    “19. Section 6 of PIT NDPS Act provides as under:

    “6. Grounds of detention severable.-Where a person has been
    detained in pursuance of an order of detention under sub-section (1) of
    section 3 which has been made on two or more grounds, such order of
    detention shall be deemed to have been made separately on each of
    such grounds and accordingly-

    (a) such order shall not be deemed to be invalid or inoperative
    merely because one or some of the grounds is or are-

    (i) vague,

    (ii) non-existent,

    (iii) not relevant,

    (iv) not connected or not proximately connected with such
    person, or

    (v) invalid for any other reason whatsoever, and it is not
    therefore possible to hold that the Government or officer making such
    order would have been satisfied as provided in sub-section (I) of section
    3
    with reference to the remaining ground or grounds and made the
    order of detention;

    (b) the Government or officer making the order of detention
    shall be deemed to have made the order of detention under the said
    sub-section (I) after being satisfied as provided in that sub-section with
    reference to the remaining ground or grounds.”

    20. A bare perusal of Section 6 of PIT NDPS Act shows
    that where a person has been detained in pursuance of an order of
    detention under sub-section (1) of Section 3 which has been made
    on two or more grounds, such order of detention shall be deemed
    to have been passed separately on each of such grounds, and
    accordingly, (a) such order shall not be deemed to be invalid or
    28
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    inoperative merely because one or some of the grounds is or are;

    (i) vague, (ii) non-existent, (iii) not relevant, (iv) not connected or
    not proximately connected with such person, or (v) invalid for any
    other reasons whatsoever, and it is not therefore possible to hold
    that the Government or Officer making such order would have
    been satisfied as provided in sub-section (1) of Section 3 with
    reference to the remaining ground or grounds and make the order
    of detention. Clause (b) makes it more clear that the Government
    or Officer making the order of detention shall be deemed to have
    made the order of detention under the sub-section (1) of Section 3
    after being satisfied as provided in that sub-section with reference
    to the remaining ground or grounds.

    21. In Mortuza Hussain Choudhary v. State of
    15
    Nagaland the Hon‟ble Apex Court observed and held that
    Section 6 of PIT NDPS Act, 1988 provides that grounds of
    detention are severable and an order of detention shall not be
    deemed to be invalid or inoperative merely because one or some
    of the grounds are either found to be vague, nonexistent, irrelevant
    or not connected with such persons or is invalid for any other
    reason. The Hon‟ble Apex Court further observed that Section 6
    specifically records that where a person has been detained
    pursuant to an order of detention under Section 3 (1), which has
    been made on two or more grounds, such order shall be deemed
    to have been made separately on each ground. Paragraph-7 of
    Mortuza Hussain Choudhary (supra) reads as under:

    “7. It would be apposite at this stage to take note of the statutory
    regime of the Act of 1988. Section 3(1) thereof empowers the authorized
    officers, either of the Central Government or of a State Government, to
    detain any person with a view to prevent him/her from engaging in illicit
    traffic in narcotic drugs and psychotropic substances. Section
    3(2)
    requires a State Government that passes such a detention order to
    forward a report of the same to the Central Government within ten
    days. Section 3(3) mandates communication of the grounds on which the
    detention order has been made to the detenu as soon as may be after
    the detention, but ordinarily not later than five days and in exceptional
    circumstances and for reasons to be recorded in writing, not later than

    15
    2025 SCC OnLine SC 502
    29
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    fifteen days from the date of detention. The sub-section records that this
    requirement is for the purposes of Article 22(5) of the Constitution,
    which mandates such communication as soon as may be. Section 6 of
    the Act of 1988 provides that the grounds of detention are severable and
    an order of detention shall not be deemed to be invalid or inoperative
    merely because one or some of the grounds is either found to be vague,
    non- existent, irrelevant or not connected with such persons or is invalid
    for any other reason. Section 6 specifically records that where a person
    has been detained pursuant to an order of detention under Section 3(1),
    which has been made on two or more grounds, such order shall be
    deemed to have been made separately on each ground. This indicates
    that the order of detention must be accompanied by the ‘grounds of
    detention’ made by the detaining authority itself. Section 11 of the Act
    of 1988 speaks of the maximum period of detention and states that the
    same may be extended up to 2 (two) years from the date of detention.”

    22. In Prakash Chandra Mehta v. Commissioner and
    16
    Secretary
    . Government of Kerala where under
    consideration was Section 5-A of Conservation of Foreign
    Exchange and Prevention of Smuggling Activities Act
    (COFEPOSA Act) which is on the same lines as Section 6 of
    PIT NDPS Act, the Hon‟ble Apex Court held that Section 5-A
    stipulates that when the detention order has been made on
    two or more grounds, such order of detention shall be
    deemed to have been made separately on each of such
    grounds and accordingly if one irrelevant or one inadmissible
    ground had been taken into consideration that would not
    make the detention order bad.

    23. Paragraphs 70 & 71 of Prakash Chandra Mehta
    (supra) read as under:

    “70. Section 5-A of the said Act which was introduced by
    amendment in 1975 reads as follows:

    “5-A. Grounds of detention severable.–Where a person has
    been detained in pursuance of an order of detention under sub-
    section (1) of Section 3 which has been made on two or more
    grounds, such order of detention shall be deemed to have been
    made separately on each of such grounds and accordingly–

    16

    1985 SCC OnLine SC 316
    30
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    (a) such order shall not be deemed to be invalid or inoperative
    merely because one or some of the grounds is or are–

    (i) vague,

    (ii) non-existent,

    (iii) not relevant,

    (iv) not connected or not proximately connected with such
    person, or

    (v) invalid for any other reason whatsoever,
    and it is not therefore possible to hold that the Government or
    officer making such order would have been satisfied as provided in
    sub-section (1) of Section 3 with reference to the remaining ground
    or grounds and made the order of detention;

    (b) the Government or officer making the order of detention
    shall be deemed to have made the order of detention under the said
    sub-section (1) after being satisfied as provided in that sub-section
    with reference to the remaining ground or grounds.”

    71. Section 5-A stipulates that when the detention order has
    been made on two or more grounds, such order of detention shall be
    deemed to have been made separately on each of such grounds and
    accordingly that if one irrelevant or one inadmissible ground had
    been taken into consideration that would not make the detention
    order bad.”

    24. In Vashisht Narain Karwaria v. State of U.P17 the same
    principle has been laid down by the Hon‟ble Apex Court that in
    view of the specific provision even a single ground for detention if
    found to be material may be the basis of the detention order.

    Paragraph-11 of Vashisht Narain Karwaria (supra) reads as under:

    “11. …………. What Section 5-A provides is that where
    there are two or more grounds covering various activities
    of the detenu, each activity is a separate ground by itself
    and if one of the ground is vague, non-existent, not
    relevant, not connected or not proximately connected
    with such person or invalid for any other reason

    17
    (1990) 2 SCC 629
    31
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    whatsoever, then that will not vitiate the order of
    detention.”

    25. In view of the statutory provision of Section 6 of PIT
    NDPS Act, the Order of Detention passed under Section 3 (1) of
    PIT NDPS Act 1988 when passed on two or more grounds, such
    Order of Detention shall be deemed to have been passed
    separately on each of such grounds. In the present case, the
    impugned Order of Detention has been passed on six grounds i.e.,
    two or more grounds. Such Order of Detention shall be deemed to
    have been passed separately on each of such grounds from
    Ground Nos.1 to 6. So, even if it be taken that the Order cannot be
    sustained on Ground No.6, for non-consideration of three
    requirements with respect to the detenu being in judicial custody, it
    cannot be held that the detaining authority had not satisfied on the
    other grounds, only because of no satisfaction recorded relating to
    Ground No.6. It shall be deemed that the State Government or the
    detaining authority had made the Order of Detention after being
    satisfied on the remaining grounds.

    26. Order of Detention shall not be deemed to be invalid
    for the remaining grounds and it shall be deemed that the Order of
    Detention has been made under Section 3 (1) of PIT NDPS Act
    1988 after being satisfied with reference to the remaining 5
    grounds. Simply because the Order of Detention cannot be
    sustained on Ground No.6, it cannot be said that the Order of
    Detention cannot be sustained on Ground Nos.1 to 5. It cannot be
    that the Order of Detention has to go. Notwithstanding that the
    Order of Detention cannot stand on Ground No.6, it is still a valid
    Order on Ground Nos.1 to 5. As already mentioned (supra), the
    only ground of challenge raised before us was to the Ground
    No.6.”

    35. In the present case, the petitioner‟s specific case is that the

    detenu was granted bail, but the bail orders were not considered in the order
    32
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    of preventive detention. The petitioner has made a specific statement in para

    3 of the affidavit about the grounds i.e., the criminal cases, in which, the bail

    was granted, and that the order of preventive detention does not show

    consideration of those bail orders. In paragraph No.12 of the counter affidavit

    the stand taken by the State, is that all the bail orders passed by the High

    Court of Andhra Pradesh, Karnataka High Court and the competent Special

    Courts were examined by the detaining authority with the case records and

    other material upon which it came to a subjective satisfaction that the

    activities of the detenu were prejudicial to the maintenance of public order

    and same needed to be prevented by an order of preventive detention.

    However, a perusal of the preventive detention order does not show

    consideration of the bail orders in the cases, in which bail was granted. There

    is no whisper even about the bail orders under Ground Nos.1 to 3, 5 & 6, that

    the accused/detenu was granted bail.

    36. In ground No.4 i.e Crime No.716 of 2021 under Section

    20(b)(ii)(B) of NDPS Act, 1985 of Penumaluru P.S., Krishna District, it is

    mentioned that the detenu (A2), was granted anticipatory bail and thereafter

    the procedure under Section 41-A of Cr.P.C was followed, eventually

    Section35(b) Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) notice was

    served to A.2. Learned Government Pleader submits that the order of

    preventive detention can be sustained on ground No.4, and deserves not to

    be set aside. So far as this ground No.4 is concerned, in that criminal case,
    33
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    the incident occurred on 08.08.2021. The order of preventive detention for

    that case, violates the „rule of live and proximity link‟. The proposal was

    forwarded in the year 2025 after almost four years and that too after the

    detenu was granted anticipatory bail to follow the procedure under Section

    41-A of Cr.P.C which procedure was followed. There is nothing mentioned in

    the order of the preventive detention that the detenu was not complying with

    the notice. The order of preventive detention is a separate order on each

    ground under Section 6 of the PIT NDPS Act. So, it cannot stand on ground

    No.4. The subjective satisfaction of the detaining authority is based on a

    stale case having no casual connection. There was no necessity to pass the

    order of preventive detention after four years of the incident. The casual

    connection between the incident and need to detain in present is not

    established.

    37. In ground No.7, also which relates to Crime No.52/2025 under

    Section 8(c) read with 20(d)(ii)(C) of NDPS Act, 1985 of Governorpet P.S.,

    NTR Police Commissionerate, NTR District, the bail was granted which was

    not considered by the authority. Even if the bail was granted after the order of

    preventive detention and so the detenu even if in judicial custody, the

    detaining authority was required to apply the triple test and only on being

    satisfied of such test could have passed the order of preventive detention

    based on that criminal case in ground No.7. We do not find any such

    consideration. The triple test as laid down in Champion R.Sangma
    34
    (RNT,J & PKC,J
    W.P. NO.5684 OF
    2026)

    (supra) not having been considered, it cannot be said that the detaining

    authority had recorded its subjective satisfaction based on legal

    consideration. The order of preventive detention cannot stand even on

    ground No.7.

    38. The detention order has been passed after 139 days of the

    proposal. There is no explanation of the delay for such a long period. It

    reflects that the detaining authority was indifferent in passing the order of

    preventive detention which is further indicative of the fact that there was no

    causal connection with the incidents and to detain the detenu to achieve the

    objective of the preventive detention. The satisfaction recorded is therefore

    not the subjective satisfaction based on relevant considerations.

    39. The prevention detention order also mentions five more cases,

    but the order of preventive detention has not been passed on those grounds.

    40. We have already observed that with respect to the rest of the

    grounds 1 to 3, 5 & 6, the order cannot be sustained. It violates the „rule of

    live and proximity link‟, and the bail orders were also not considered. So, the

    order of preventive detention cannot be sustained on any of the grounds, it

    has been passed.

    41. In view of the aforesaid, we hold that the impugned order of

    detention and the order of confirmation cannot be sustained. The continued
    35
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    detention of the detenu pursuant to those orders, is illegal, and he is entitled

    to be released.

    42. The writ petition is allowed, setting aside the impugned order of

    preventive detention by the State by G.O.Rt.No.1314, Revenue (Excise.II)

    Department, dated 29.10.2025, passed against the detenu, and the order of

    confirmation by the State by G.O.Rt.No.69, Revenue (Excise.II) Department,

    dated 12.01.2026. The detenu by name Sri Bikki Narendra Babu @ Vicky

    Chowdary @ Pushpa, S/o Kumar, Age 34 years, Post Office Back side,

    Tadigadapa (V), Penamaluru (M), Krishna District, Andhra Pradesh, shall be

    released/set free forthwith, if not required in any other case.

    No order as to costs.

    As a sequel thereto, miscellaneous petitions, if any pending, shall also

    stand closed.

    ____________________
    RAVI NATH TILHARI, J

    _____________________________________
    PURUSHOTTAM KUMAR CHINTALAPUDI, J
    Date :14.07.2026.

    Note :- L.R. Copy to be marked.

    B/o
    RPD.

    36

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    96
    THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

    THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR
    CHINTALAPUDI

    (ALLOWED)

    WRIT PETITION NO: 5684 of 2026

    Date : 14.07.2026

    Note :- L.R. Copy to be marked.

    B/o
    RPD.

    37

    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    * THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

    * THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR
    CHINTALAPUDI

    + WRIT PETITION NO: 5684 OF 2026

    % 14.07.2026

    # Ponna Roja.

    ……Petitioner

    And:

    $ The State of Andhra Pradesh and others
    ….Respondents.

    !Counsel for the Petitioner : Ms.Nuthakki Saarasa Raga Varshini

    ^Counsel for the respondents : Sri Kirthi Teja Kondaveeti
    Learned Government Pleader attached to the
    office of learned Advocate General

    <Gist:

    >Head Note:

    ? Cases referred:

    1. 2022 SCC OnLine SC 1333
    2. W.P.No.23639 of 2025

    3. (2023) 2 SCC 597

    4. (2007) 12 SCC 354

    5. (2006) 4 SCC 796

    6. (1989) 4 SCC 741

    7. (2020) 13 SCC 632

    8. (1992) 1 SCC 434

    9. (1982)2 SCC 403

    10. 1979 Crl LJ 203

    11. (1975) 3 SCC 395

    12. 2012(2) SCC 72

    13. (2015) 16 SCC 253

    14. (1991) 1 SCC 128

    15. 2025 SCC OnLine SC 502

    16. 1985 SCC OnLine SC 316

    17. (1990) 2 SCC 629
    38
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)

    HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

    ****

    WRIT PETITION NO: 5684 OF 2026

    DATE OF JUDGMENT PRONOUNCED: 14.07.2026

    SUBMITTED FOR APPROVAL:

    THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

    &

    THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR
    CHINTALAPUDI

    1. Whether Reporters of Local newspapers Yes/No
    may be allowed to see the Judgments?

    2. Whether the copies of judgment may be Yes/No
    marked to Law Reporters/Journals

    3. Whether Your Lordships wish to see the fair Yes/No
    copy of the Judgment?

    ____________________
    RAVI NATH TILHARI,J

    ______________________________________
    PURUSHOTTAM KUMAR CHINTALAPUDI, J
    39
    (RNT,J & PKC,J
    W.P. NO.5684 OF 2026)



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