NUKALA SUBHASHINI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition, in the nature of Writ of Habeas Corpus, was filed by the wife of the detenu, viz., Nukala Manohar Rao, son of N.Krishna Murthy, who is lodged in Central Prison, Kadapa, praying for release 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.) By an order dated 07.08.2020, the Collector & District Magistrate, Kurnool, passed the order of detention under Section 3(2) read with Section 3 (1) of Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goonda, Immoral Traffic Offenders and Land Grabbers Act, 1986, on the ground that he is a bootlegger within the meaning of the Act and that he is constantly involved in bootlegging activities in Allagadda and Ahobilam Areas of Kurnool District City and became dangerous to the lonely public in purview of A.P. Prohibition Act, 1995. The said order of detention was accorded approval by the 1st Respondent vide G.O.Rt. No.1517, on 01.10.2020, confirming the detention of the detenu for a period of 12 months from the date of his detention i.e., 09.08.2020, pursuant to the review and report, dated 18.09.2020, submitted by the Advisory Board.

(3.) The grounds of detention served on the detenu refer to 14 incidents. Out of 14 incidents referred to in the grounds, except incident Nos.11, 12 & 14, which were registered for the offences punishable under Sections 188, 273 I.P.C., Section 20(2) of the Cigarette and Other Tobacco Products Act, 2003 and Sections 26, 30 of Food Safety and Standard Act of Koilakuntla P.S.; Sections 188, 273 I.P.C., Section 20(b) of NDPS Act 1985 and Section 20(2) of COTP Act of Koilakuntla P.S.; and Sections 188, 273, 328 read with Section 34 I.P.C. and Section 20(2) of the Cigarette and Other Tobacco Products Act, 2003 and Sections 26, 30 of Food Safety and Standard Act of Koilakuntla P.S. respectively, all other cases were registered against the detenu, for the offences punishable under Sections 188, 273, 328 I.P.C. and the provisions of Food Safety and Standard Act 2006.