K VENKATA LAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD .

(2.) THE wife of the detenu has filed this writ petition questioning the detention order passed by the Collector and District Magistrate, respondent No.2, dated 06.08.2014, as confirmed by the Government, respondent No.1, under G.O.Rt.No.3135, General Administration (Law and Order) Department dated 13.09.2014. The said detention order was passed against the detenu under the A.P. Prevention of Dangerous Activities of Boot Legers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'AP Act 1 of 1986') on the ground that the detenu is a bootlegger, as defined under Section 2(b) of AP Act 1 of 1986 and that his activities are injurious to the health of general public and prejudicial to the maintenance of public order.

(3.) THE detention order refers to five crimes registered against the detenu and all the said crimes relate to dealing with illicitly distilled liquor including its supply under A.P. Prohibition (Amended) Act, 1997. The order of detention is challenged by the petitioner on various grounds, as set out in paragraph 5 of the affidavit. However, learned counsel for the petitioner has pressed ground No.5(v) at the time of hearing and contended that the offences complained against the detenu are such, which can be dealt with under ordinary law of the land and as such, taking recourse to the provisions of AP Act 1 of 1986 is not warranted on the facts and circumstances of the case.