DHANRAJ SINGH Vs. GOVT OF A P

JUDGEMENT

(1.) One Lungi Pr atap Singh was detained by order of the Collector and District Magistrate, Hyderabad, the 2nd respondent herein, passed under Section 3(1) and (2) read with Section 2 (a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (ActNo. 1 of 1986) (for short 'the Act') dated 19-9-1996.

(2.) The petitioner is the son of the said detenu. He filed this Writ Petition praying for a Writ of Habeas Corpus to direct the respondents to produce the said detenu in this Court and to release him forthwith after declaring the said order of detention as illegal and arbitrary. The said order of detention was served on the detenu, on 20-9-1996 and he was arrested on the same day. The Government of Andhra Pradesh, the 1st respondent herein, approved the impugned order of detention on 30-9-1996. The grounds of detention and the other material relied on by the 2nd respondent were supplied to the detenu on 24-9-1996.

(3.) Mr. C. Padmanabha Reddy, the learned Senior counsel appearing for the petitioner, challenges the impugned order of detention on two grounds viz., (1) to justify the alleged clandestine sale of I.D. Liquor, the detaining authority must be satisfied that the fusel oil in the alleged illicit liquor was within the impermissible limit so as to cause grave wide spread danger to life and public health; Neither the report of the analyst is in the above terms nor the said detaining authority arrived at such a conclusion, and (2) in respect of grounds 4 to 7, no report of the analyst was placed before the detaining authority, therefore, those grounds are irrelevant and the order of detention was passed without application of mind.