E SUMATHAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (At the Stage of Admission) This petition is filed seeking writ of habeas corpus questioning theorder dated 22-12-1993 passed by the second respondent in Cr. No. 4904 / 93 / Fl directing detention of the petitioner's husband - E. Thirupathi Reddy - for a period of three months on the allegation that he is acting in a manner prejudicial to the maintenance of public order since he is indulging in sale of uncertified and cheap liquor endangering public health.

(2.) When the writ petition came up for hearing before a Division Bench of this Court comprising two of us - M.N. Rao & P. Ramakrishnam Raju, JJ., - one of the contentions raised before the Division Bench was that neither the impugned order of detention nor the grounds supplied to the detenu specifically mentioned that the detenu is a boot legger and, therefore, the order is vitiated on that ground on the authority of two Division Bench judgments of this Court in C. Venkataiah vs. Commissioner of Police and Shaik Shikinder vs. Govt. of A.P.

(3.) In Venkataiah's case, a Division Bench of this Court was of the opinion that unless the satisfaction of a particular type covered by Section 3(1) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short "the Act") is mentioned in the order of detention, the condition precedent for applicability of Section 3(1) of the Act is not satisfied and consequently, the order will be invalid. To the same effect is the other Division Bench decision in Shaik Shikinder's case.