VELUGANTI GANGA RAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner, who is the brother of the detenue namely Veluganti Venkatesh S/o Venkata Ramana, Aged 26 years, R/o D.No.7-63, Vinayakudi Temple Street, Raghunandapuram Village of Rajanagaram Mandal, East Godavari District prays for writ of habeas corpus directing the respondent authorities to set the detenue at liberty by declaring the detention order in Roc.No.M1(SEB.SOUTH)/ 479794/2023, dt.28/12/2023 passed by the 2nd respondent and consequential confirmation order issued by 1st respondent vide G.O.Rt.No.468, General Administration (SC-1) Department, dtd. 28/2/2024 is contrary to law, arbitrary and violative of Article 21 of the Constitution of India and to pass such other orders deemed fit.

(2.) The factual matrix of the case is thus: (a) On the information furnished by the Sponsoring Authority / 2nd respondent, the Detaining Authority / R2 having considered that the detenue is involved in following five crimes and those crimes fall within the ambit of Sec. 2(b) 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 he was a bootlegger and acting in a manner prejudicial to the maintenance of public order, passed the detention order dtd. 28/12/2023 and later, the 1st respondent by virtue of G.O.Rt.No.468, General Administration (SC1) Department, dtd. 28/2/2024 confirmed the detention and the detenue shall be detained in Central Prison, Rajamahendravaram, until further orders. <IMG>JUDGEMENT_97_LAWS(APH)4_2024_1.jpg</IMG>

(3.) The respondents filed counter and opposed the writ petition.