THALLAPUNENI VENKATESWARLU Vs. COLLECTOR AND DIRECTOR MAGISTRATE

JUDGEMENT

(1.) This writ petition is filed assailing the order of detention passed by the 2nd respondent-Government in G.O. Rt. No. 2670, dated 24-05-2004. The 1st respondent passed the order under Sec.3(2) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as "The Act") and ordered detention of the uncle of the petitioner (hereinafter called "the detenu") on the ground that he was a goonda as defined under Sec. 2(g) of the Act. The said Order having been approved by the 2nd respondent, the present writ petition has been filed.

(2.) It is the case of the petitioner that after detention, the representation submitted by the detenu on 3-6-2004 was placed before the Advisory Board and the said Board rejected the representation and formal order of rejection was communicated to the detenu on 28-06-2004. Further, the matter was also placed before the Advisory Board in its meeting held on 28-06-2004 and the Advisory Board confirmed the order of detention and therefore, the Government issued the impugned order. The order of detention is assailed on the following grounds:

(3.) In the counter filed by the 1st respondent-authority, it is stated that the detenu has been causing grass loot of National Wealth and he was habituated to wilfully destructing the Pristine red sanders by operating mafia and there is a source of potential danger to the public and his activities are prejudicial to the maintenance of public order. It is submitted that the Divisional Forest Officer has placed the record before the detaining authority on 17-12-2003 wherein it was alleged that on 9-12-2003, a case was registered against the detenu while he was indulging in cutting of red sanders when the forest officials have found the red sander of 15 logs weighing 526 kgs., valued at Rs. 11,072/- and thereby, he committed an offence under Section 379 IPC read with 20(1)(c)(ii) and (iii) of A.P. Forest Act. Similarly, on 13-12-2003, a case was registered against the detenu while he was found carrying illicit cutting and storage of red sanders for transporting on 13-12-2003. The value of the red sander logs was Rs. 14,432/- and thereby, a case was registered under Section 379 IPC and Section 20(1)(c)(ii) and (iii) and (iv) of A.P. Forest Act. On 15-12-2003, another case was registered against the detenu under Section 379 IPC and Section 20(1)(c)(ii) and (iii) of A.P. Forest Act.