P. NAGA RAJU Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the father of one Peri Eswar Sai Prabhu (hereinafter referred to as 'the detenu'). Assailing order No. S.B.(I) No. 283/PD/S-I/2015, dated 28.5.2015 of respondent No. 2, whereby he has detained the petitioner's son in exercise of his powers under sub-section (2) of Sec. 3 of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act'). The said order was confirmed, based on the recommendations of the Advisory Board, by respondent No.1, vide Memo No.181/L&O/A2/2015-3, dated 28.8.2015.

(2.) The petitioner has mainly raised two grounds in order to impeach the legality and validity of the orders of respondent Nos.1 and 2 referred to above, namely, (i) that the detention order, along with the grounds and the material, was not served on the detenu; and (ii) that even if the facts mentioned in the grounds of the detention are taken into account, the detenu does not fall within the definition of 'goonda' under Sec. 2(g) of the Act and that the alleged activities of the detenu cannot be said to be prejudicial to the maintenance of public order under Section 3(1) of the Act.

(3.) On behalf of the respondents, the Commissioner of Police, Hyderabad City, has filed a counter affidavit wherein he has inter alia denied the plea of the petitioner that the detention order or the grounds as well as supporting documents were not served on the detenu. He has averred that the detenu was served with the detention order and the grounds of detention, besides the documents relied upon by the detaining authority, before the jail authorities and the same was acknowledged by the detenu on 30.5.2015, i.e., the date on which he was detained. As regards the act of detention, the Commissioner has justified the same by referring to the four criminal cases which were registered against the detenu, and described the activities of the detenu as prejudicial to the maintenance of public order.