M VENKATA NAIDU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner herein challenges the order of detention passed by the Collector and District Magistrate, Kadapa, on 6.6.2014 for detention of Sri Manchupalle Sreenivasulu @ Srinivasulu Naidu @ Jandlavaram Srinu @ Jandlavaram Srinivasula Naidu, S/o. Venkataiah. One amongst several contentions canvassed by Sri T. Nagarjuna Reddy, learned Senior Counsel appearing on behalf of the petitioner, is that the detaining authority exercising the power available to him under sub -section (2) of Section 3 of The Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act'), ordered for detaining for a period of 10 months in order to prevent detenu from indulging in certain dangerous and clandestine activities. It is the contention of the learned Counsel for the petitioner that at the first instance, the authority could not have fixed the term of detention. The term of detention could have been fixed only after the Advisory Board constituted under Section 9 of the Act, tenders its opinion with regard to availability of material for the detention of detenu. It is only thereafter the State Government while confirming the detention order, continues the detention of the person concerned for such period not exceeding maximum period specified in Section 13 of the Act. In the instant case, since this procedure has not been adopted, the order of detention is vitiated.

(2.) THE learned Advocate General for the State of Andhra Pradesh, Sri P. Venu Gopal, has fairly conceded that the Collector and the District Magistrate has erred in ordering the detention at the first instance for a period of 10 months. According to the learned Advocate General, the power to determine the detention period would arise only after the Advisory Board tenders its opinion and such power can be exercised only by the Government. For this reason only, leaving open all other contentions canvassed by the petitioner, the order of detention, dated 6.6.2014, is set aside. If the detenu is not required in connection with any other offence, the prison authorities shall set him free immediately.

(3.) THE writ petition stands allowed, accordingly, to the extent indicated above. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.