M. PADMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, wife of detenu namely Manigonda Ratnakar Rao, has invoked the Writ jurisdiction of this Court, under Article 226 of the Constitution of India, with a prayer to issue writ of Habeas Corpus directing 4th respondent to produce the detenu, who has been detained in Central Prison, Kadapa, YSR Kadapa District.

(2.) The detention order was issued by the 2nd respondent/the Collector and District Magistrate, Kurnool, vide proceedings in Rc.C1/517/M/2020, dated 22.06.2020, and the same was confirmed by the 1st respondent/Government of Andhra Pradesh vide G.O.Rt.No.1245 (General Administration (SC.1) Department), dated 09.08.2020. The petitioner has prayed for producing the detenu after declaring the aforesaid proceedings as illegal and setting the same aside.

(3.) It has been pleaded in the Writ Petition that the 2nd respondent passed the order of detention under the provisions contained in the Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as the 'Act of 1986') against the husband of the petitioner basing on two cases referred to in grounds of detention i.e., 1) Crime No.125 of 2019, registered for the offences under Sections 417, 420, 487 of IPC; Section 15(1) of Environment Protection Act, 1986; Section 7 of Seed Act, 1966 and Clause 3 & 8(A) of Seed Control Order, 1983 and 2) Crime No.181 of 2020, registered for the offences under Sections 417, 420, 487 of IPC; Section 15(1) of Environment Protection Act, 1986; Section 7 of Seed Act, 1966 and Clause 3 & 8(A) of Seed Control Order, 1983 of Veldurthy P.S. The two cases against the detenu were registered on 07.07.2019 and 17.06.2020 respectively, wherein he was arrested and remanded. However, the detenu was granted bail in Crime No.125 of 2019 of Veldurthy Police Station, Kurnool district. The detaining authority opining that the husband of the petitioner was continuously indulging in the habit of selling of duplicate/spurious cotton seeds and became professional, passed the order of detention under Section 3(2) of the Act of 1986 treating the husband of the petitioner as 'Goonda' within the meaning of Section 2(g) of the Act. After passing the order of detention, the detenu, within the specified time, was produced before the Advisory Board. The detention of the husband of the petitioner was also approved by the Advisory Board, which was held through video conference on 24.07.2020. After approval by the Advisory Board, the order was confirmed vide G.O.Rt.No.1245 (General Administration (SC.1) Department), dated 09.08.2020, whereby the detenu was directed to be detained for a period of 12 months from the date of his detention i.e., 26.06.2020 and since thereafter the husband of the petitioner has been detained in Central Prison, Kadapa.