DAPHNE GERTRUDE BRIGGS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition came to be filed seeking issuance of a writ of Habeas Corpus by one, Daphne Gertrude Briggs seeking production of her son Glain Domenic Brigs, son of Octave Brigs (for short, 'detenu') now detained in Central Prison, Kadapa, vide proceedings dated 9.3.2020 in RC.No.MC1/888/2020, by the 2nd respondent herein, as confirmed by the 1st Respondent-State vide G.O.Rt.No.761, dated 1.5.2020, and set him free after declaring his detention as illegal, improper and incorrect.

(2.) By an order date 9.3.2020, the Collector and District Magistrate, Ananthapuramu District, ordered the detention of the detenu under Section 3 (2) read with Section 2 (f) and (g) of the A.P. Prevention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act') on the ground that he is a 'DRUG OFFENCER' and 'GOONDA' within the meaning of the Act and with a view to prevent him from acting in a manner prejudicial to the maintenance of the public order. In exercise of powers conferred under Sub-Section (3) of Section 3 of the Act, the Government approved the order of detention vide G.O.Rt.No.594, dated 19.3.2020. As required under Section 10 of the Act, the detenu was produced before the Advisory Board constituted under Section 9 of the Act. The case was reviewed by the Advisory Board through Video Conference on 28.4.2020. After perusing the representation of the mother of the detenu and the grounds along with the record, the Advisory Board opined that there is sufficient case for detention of the detenu. After due consideration of the opinion of the Advisory Board and the material available on record, the Government, in exercise of its power under SubSection (1) of Section 12 read with Section 13 of the Act, confirmed the order of detention, dated 9.3.2020, passed by the Collector and ordered detention of the detenu for a period of 12 months. It is to be noted here that as on the date of passing of the detention order, the detenu was in judicial custody.

(3.) The grounds of detention served on the detenu refer to the following twelve incidents : The first incident relates to crime No.134 of 1997 of Guntakal I Town Police Station, registered for the offences punishable under Sections 468, 471, 472, 473, 474, 420, 120-B read with Section 109 I.P.C. In the said case, the detenu was arrested on 15.12.1997 and released on bail. At present, the case is pending trial vide CC.No.196 of 2015 before the Hon'ble Special Judicial magistrate of First Class, Prohibition & Excise Court, Ananthapuramu. The second incident relates to crime No.79 of 1998 of Guntakal I Town Police Station, registered for the offences punishable under Sections 468, 471, 472, 473, 474, 420, 120-B read with Section 109 I.P.C. In the said case, the detenu was arrested on 8.9.1998. The case is pending trial vide C.C.No.196 of 2015 before the Hon'ble Special Judicial Magistrate of First Class, Prohibition & Excise Court, Ananthapuramu.