C. VALLEMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition, in the nature of Writ of Habeas Corpus, was filed praying for release of C. Venkatesh, son of the petitioner, who is lodged in Central Prison, YSR Kadapa, and to set him free, after declaring his detention under Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act'), as unconstitutional and illegal.

(2.) The second respondent- Collector & District Magistrate, Chittoor, passed an order dated 13.08.2020 in exercise of power conferred under Section 3(2) read with Section 3(1) of the Act and also keeping in view public interest, to detain the son of the petitioner from the date of service of the order upon him and to lodge him in Central Prison, YSR Kadapa. The grounds of detention in English and Tamil and the material in support thereof were served to the petitioner.

(3.) In the aforesaid order, it was indicated that the case of the son of the petitioner would be referred to the Advisory Board for review and opinion under Section 10 of the Act and it was also noted that the detenu would have a right to make representation (i) to the Collector & District Magistrate, Chittoor, before the order is approved by the Government or (ii) to the Chief Secretary, Government of Andhra Pradesh, Vijayawada, or (iii) to the Advisory Board or to all of them.