VELLAMPALLI NARSAMMA Vs. SUB INSPECTOR OF EXCISE NELLORE

JUDGEMENT

(1.) The petitioner addressed a letter to this Court praying for release of her son by name Mahesh Kumar who was detained for violation of the offence uner the Excise Act for selling liquor without licence. That letter was treated as taken up writ petition.

(2.) At the stage of admission the learned Advocate- General took notice of the writ petition and filed a counter affidavit filed on behalf of the respondents by one Prabhaker Rao s/o Ananda Rao whose designation is not indicated. It is stated in the counter-affidavit that the said Mahesh Kumar was detained on 1-5-1995 and that the order of detention was confinned on 12-5-1995 for a period of one year. It is stated that the detention order was passed on the ground that he was selling spurious liquor which is bound to adversely affect the public life or health.

(3.) Sri I. V.N. Raju, the learned counsel for the petitioner who was appointed by the Legal Aid Cell to conduct the case on behalf of the petitioner submits that violation of the provisions of the Excise Act is not ground to pass the order of detention and therefore the impugned order of detention is liable to be quashed. On behalf of the Advocate-General it is contended that the petitioner has not only violated the provisions of the Excise Act but also indulged in production of spurious liquor which will adversely affect the public health and hence the impugned order is justified.