VidhiSangh

Supreme Court of India · 16/08/2023

PESALA NOOKARAJU versus THE GOVERNMENT OF ANDHRA PRADESH & ORS

[2023] 11 S.C.R. 520 · 2023 INSC 734

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Summary

The Court upheld preventive detention based on repeated dealings in liquor shown by chemical reports to be unsafe for consumption. It held that the three-month limit in Section 3(2) concerns delegation of detention powers, not the period of detention. Following an Advisory Board opinion and confirmation, detention may continue within the statutory twelve-month maximum without mandatory three-monthly review.

Issues

  1. Whether Section 3(2) limited each detention or extension to three months.
  2. How Article 22(4)(a) relates to the Advisory Board and confirmation stages.
  3. Whether the established bootlegging activities supported the public-order basis for detention.

Provisions considered

Held

Result

Appeal dismissed; High Court refusal to interfere with the preventive detention upheld.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 520.