BATTULA JYOTHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Habeas Corpus petition, the petitioner prays for release of her husband Bathula Bala Guravaiah, S/o Brahmaiah, R/o D.No.12/2/206, 20th Ward, Erukula Colony, Macherla Town, Guntur District who was detained and lodged in Central Prison, Rajamahendravaram as per the detention order vide proceedings in Proc.No.719/2021-C1, dtd. 22/3/2022 of the 2nd respondent/ The District Collector & District Magistrate, Guntur under Sec. 3(2) r/w 3(1) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (1 of 1986) [for short, 'the Act 1 of 1986'] and consequential confirmation order of the 1st respondent vide G.O.Rt.No.848, dtd. 10/5/2022.

(2.) The 2nd respondent has passed the detention order dtd. 22/3/2022 on the ground that the detenue was involved in following three cases and thus he is a 'Bootlegger' within the meaning of Sec. 2(b) of the Act 1 of 1986 and his activities are prejudicial to the maintenance of public health and public order.

(3.) The detention order is challenged in this writ petition on the main ground that the detenue is an innocent person and not committed any of the offences mentioned in the detention order; the cases in which he is involved can be effectively dealt with under the general law and his activities are not prejudicial to the maintenance of public health and public order; the Detaining Authority has not applied his mind in issuing the detention order, inasmuch as, of the three crimes which were taken as a ground to pass detention order, in Crime No.177/2021 of SEB Station, Macherla, there was no physical presence and participation of the detenue at the time of alleged offence but he was falsely implicated on the basis of alleged confession of co-accused and on the alleged confession of the detenue in a subsequent case. Thus the detention order per se is illegal.