SARE LAXMAIAH NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner herein challenges the legality and validity of the orders passed on 11.07.2013 by the 2nd respondent Collector and District Magistrate, YSR District, Kadapa in detaining his son-in- law Sri Machupalli Ramanaiah @ Pottabbi in terms of and in accordance with the provisions contained in Section 3 of A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for brevity referred to as Act, from now onwards), which order has been confirmed by the State Government through their orders contained in G.O.Rt.No.3819 General Administration (Law & Order.II) Department, dated 26.08.2013.

(2.) It is stated that the son-in-law of the writ petitioner has been ordered to be detained by the 2nd respondent- Collector and District Magistrate, YSR District, Kadapa. It is stated in the grounds of detention by the Collector that there are 5 cases booked by the Forest Department against the detenu for committing various offences under the A.P. Forest Act as well as Wildlife Protection Act, 1972 and the Biological Diversity Act, 2002. The main theme of the detention order sets out that the detenu along with several others has been indulging in a spate of illegal Red Sander tree felling activity and then smuggling the logs to secret and unknown destinations in India for their eventual transfer abroad. It is stated that in Sidhout, Produtur and Kadapa ranges there was a huge wealth of Red Sanders trees in the reserved forest. The detenu along with his other gang members has been indulging in illegally felling those trees and then secreting them to unknown destination for storage and thereafter quietly transporting the same across the boarders of the State at the first instance and there afterwards ensure that they cross the boarders of the country to find their way into international market. Apart from illegally felling the trees in the reserve forest unauthorisedly, the detenu has been indulging in organised crime in the reserve forest. The sequential involvement of the detenu in these cases, which were booked on 30.12.2012, 23.04.2013, 09.05.2013, 30.06.2013 and 02.07.2013 respectively clearly brings out not only the involvement of the detenu in a series of crimes but the frequency of the commission of offences by the detenu is clearly made out.

(3.) In those circumstances, the Collector passed the detention order on 11.07.2013 and the detenu was detained from 20th July, 2013 onwards. The Advisory Board constituted under Section 9 of the Act has reviewed the case on 19.08.2013 and after hearing the detenu and perusing the connected records, has confirmed the order of the Collector as there was sufficient cause for the detention of the detenu, Sri Machupalli Ramanaiah @ Pottabbi, s/o Machupalli Venkataiah, aged about 35 years, R/o Jandlavaram village, Mydukur Mandal, YSR District. The State Government after considering the entire material, once again independently confirmed the order of detention through its orders contained in G.O.Rt.N.3819 dated 26.08.2013. These orders gave rise to the present writ petition.