Andhra Pradesh HC sets aside PIT-NDPS detention: bail orders and detenu's custody in another case not placed before detaining authority
The question: Whether non-placing and non-consideration of bail orders and bail conditions vitiates the detaining authority's subjective satisfaction
The High Court of Andhra Pradesh has set aside an order of preventive detention passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act). A Division Bench of Justice Ravi Nath Tilhari and Justice Purushottam Kumar Chintalapudi held that the order was vitiated because the bail orders in the criminal cases relied on were not placed before, or considered by, the detaining authority, because the detenu's judicial custody in another NDPS case was not brought to that authority's notice, and because the detenu was not told of his right to make a representation to the Central Government. The writ petition (WP No.439 of 2026) was a habeas corpus petition under Article 226 filed by the detenu's relative, challenging the detention of Pangi Krishna Rao, held in Central Prison, Visakhapatnam. The order was G.O.Rt.No.1258 Revenue (Excise.II) Department dated 14.10.2025, passed by the Principal Secretary to Government under Section 3(1) of the PIT NDPS Act, and confirmed by G.O.Rt.No.1671 dated 31.12.2025. The order rested on five NDPS Act cases registered between 2016 and 2024 at the Paderu, G.Madugula, Pedabayalu and Kovvuru Town police stations. The detenu had been granted bail, on conditions, in all five. The petitioner was represented by Sri D.Purna Chandra Reddy and the State by Sri Keerthi Teja Kondaveeti, Government Pleader. The Bench allowed the petition and directed release.