BANAVATHU CHILAKAMMA Vs. STATE OF A.P

JUDGEMENT

(1.) Aggrieved by the order of detention in Ref.C1/1/M/2021 dtd. 5/2/2021 passed by the 3rd respondent (hereinafter referred to as 'the detaining authority') as confirmed by the 1st respondent vide G.O.Rt.No.293, General Administration (SC.I) Department, dtd. 16/2/2021, the petitioner filed the present writ petition seeking to order the release of her husband i.e., Banavathu Srinu, S/o late Gopiya (hereinafter referred to as 'the detenu') by declaring the said order as approved by the 1st respondent as arbitrary, illegal and violative of Article 21 of Constitution of India.

(2.) The detaining authority passed the order of detention, in exercise of powers conferred under Sec. 3(1) r/w Sec. 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 as 'the Act'), stating inter alia that the activities of the detenu are inexcusable and he shall be treated as Bootlegger under Sec. 2(b) of the said Act.

(3.) The said order was passed inter alia on the premise that the detenu is indulging in manufacture, possession, transportation of illicit liquor, that previously he was arrested and enlarged on bail and again caught while committing the same offence. The detaining authority while mentioning that the detenu was presently lodged in Sub-jail, Nuzividu, further opined that there is every possibility of the detenu being enlarged on bail again and continue the criminal activities which are deleterious and detrimental to the public health and public order.