RAGE MOUNIKA Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner, who claims to be the wife of the detenu, namely Rage Nagasekhar, who is now detained in Central Prison, Cherlapally, has filed this writ petition praying for a Writ of Corpus, directing the respondents to produce the detenu before this Court and set him at liberty forthwith.

(2.) THE Divisional Forest Officer, Kadapa, YSR District, informed respondent No.1, namely the Collector and District Magistrate (hereinafter referred to as 'the Detaining Authority ') that the detenu since last two years is involved in illicit felling of red sanders, smuggling them to secret and unknown places in India and abroad, and that he is involved in six forest offences, namely in O.R. Nos. 81/2010-2011, dated 21.10.2010; 32/2011-2012, dated 08.06.2011; 59/2011-2012, dated 12.09.2011 and 62/2011-2012, dated 14.09.2011 of Sidhout Range; Offence Crime No. 107/2011, dated 22.09.2011 of Circle Inspector of Police, Vontimitta and O.R. No. 92/2011-12, dated 05.10.2011 of Kadapa Range, which were registered against him for the offences punishable under Sections 20, 29 and 44 of the A.P. Forest Act, 1967 and Rule 3 of the A.P. Sandal Wood and Red Sander Wood Transit Rules, 1969 and the provisions of Sections 378 and 379 I.P.C. In connection with the said offences, the detenu was arrested and produced before the Magistrates concerned, who remanded him to judicial custody. While the detenu is in judicial custody, considering the fact that the illegal activities of the detenu, is causing willful destruction of red sanders trees, which is an endangered species, and causing damage to public property, resulting in depletion of green cover and loss of national wealth, and as his activities are prejudicial to the maintenance of public order, disturbing the peace, tranquility and social harmony in the society, and as the forest laws and ordinary law under which the detenu is being prosecuted are not sufficient in the ordinary course to deal with him firmly, respondent No.1-Detaining Authority, in exercise of the powers conferred on him under Section 3(1) and (2) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbing Act, 1986 (hereinafter referred to as 'the Preventive Detention Act '), with a view to prevent the detenu from commission of similar such activities, which is resulting in plundering of national wealth, vide order dated 11.01.2012, ordered the detention of the detenu in prison. THEreafter, based on the recommendations of the Advisory Board, respondent No.2-Government, by order dated 24.02.2012, confirmed the order of detention. Hence, questioning the said order of detention, passed by respondent No.1-Detaining Authority, for detention of the detenu in prison, as confirmed by respondent No.2-Government, the petitioner filed the present writ petition.

(3.) HEARD the learned counsel for the petitioner and the learned Assistant Government Pleader representing the learned Advocate General for the respondents. In the light of the arguments advanced by the respective parties, the following two issues arise for consideration, in this writ petition: