EPURI VENKATESWARI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioner- wife challenges the detention order of her husband, namely, Yepuri Koteswara Rao @ Laddu S/o Babu Rao passed by the Commissioner of Police, Vijayawada in C.No.76/CP/Camp/09, dated 17.11.2009 under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to Act 1/1986).

(2.) The grounds of detention supplied to the detenu along with the detention order discloses three crimes registered against him for various offences under IPC which ended in conviction, details of which are as under:

(3.) As the alleged detenu was continuously involving in various offences and habituated to commit the offences one after other, and action taken under ordinary criminal law cannot prevent him from indulging in violent activities, the Detaining Authority came to the conclusion that detenu should be detained preventing him from acting in any manner prejudicial to the maintenance of public order and accordingly passed the detention order. The Government through G.O.Rt.No.5688 General Administration (LandOII) Department, dated 27.11.2009, in exercise of the powers under sub-section (3) of Section 3 of the Act 1/1986, accorded approval to the order of detention passed by the Commissioner of Police, Vijayawada and placed the matter before the Advisory Board constituted under Section 9 of the Act 1/1986. The Advisory Board reviewed the case in its meeting held on 29.12.2009 and after hearing the detenu, mother of the detenu, wife of the detenu, petitioner herein, and the Investigating Officers and after perusing the connected records made available to it, opined that there is sufficient cause for the detention of the detenu Yepuri Koteswara Rao @ Laddu. Basing on the report submitted by the Advisory Board, the Government, in exercise of the powers conferred under sub-section (1) of Section 12 read with 13 of the Act 1/1986, through G.O. Rt. No.58 General Administration (LandO.II) Department, dated 5.1.2010, confirmed the order of detention and directed that the detention of the detenu be continued for a period of 12 months from the date of his detention i.e. 20.11.2009. Questioning the same the present writ petition is filed.