Preventive Detention -- Computation of Twelve-Day Approval Period -- Date of making of order excluded from computation
(i) Andhra Pradesh Prevention of Dangerous Activities Act, 1986, S.3(3) -- Preventive Detention -- Computation of Twelve-Day Approval Period -- The statutory period of twelve days for government approval of a detention order runs after the making of the order, excluding the date on which the order itself was passed. Approval granted within twelve days counted from the following date is within time. (ii) Andhra Pradesh Prevention of Dangerous Activities Act, 1986, S.3(1) -- Preventive Detention -- Detenue Already in Judicial Custody -- Where a detenue is already in judicial custody, the detaining authority must record satisfaction on awareness of custody, real possibility of release on bail, and probability of prejudicial activity on release. Recording awareness of custody alone, without satisfaction on the remaining conditions, renders the detention order unsustainable.
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