VALLABHANENI RAMA CHOWDARY Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The wife of detenu Sri Vallabhaneni Venkataiah Chawdary, R/o. P&T Colony, Visakhapatnam who is detained in Central Jail, Visakhapatnam in pursuance of the order passed in C.N0.178/MC/97, dated 20-7-1997 by the 2nd respondent, has filed this writ petition questioning the order of detention.

(2.) The 2nd respondent in the grounds of detention enumerated the instance of various offences committed by the detenu : Crime No.181/96 is registered under Sections 407 and 420 I.P.C. Crime No.11/97 is registered under Sections 407 and 420 I.P.C., Crime No.28/97 is registered under Sections 468, 471, 407 and 420 I.P.C., Crime No.41/97 is registered under Sections 468, 469, 471, and 407 and 420IPC, Crime No. 100/97 is registered under Sections 407, 420, 468, 469 and 471 I.P.C., Crime No.102/97 is registered under Sections 407, 420, 468, 469 and 471 I.P.C. and Crime No.103/97 is registered under Sections 407, 420, 468, 469 and 471 I.P.C. The said Crimes were registered by Malkapuram Law and Order Police Station, Visakhapatnam.

(3.) In Crime No. 181/97 it is alleged that the detenu was entrusted to transport 10.200 Metric Tonnes of Bulk Bitumen to the consignee i.e., Junior Engineer, Bhanjnagar, R&B Section-1, Orissa. The Bitumen entrusted was worth about Rs.54,000.00. It is alleged that the detenu sold away the same to one Ramana Murthy, Director of Harshal Roofing Private Limited. It is also stated that the detenu obtained anticipatory bail in Crl.M.P.No.19/97 from the I Additional Metropolitan Sessions Judge, Visakhapatnam and he did not comply with the conditions imposed in the bail order. In Crime No, 11/97, the allegations arc that Indian Oil Corporation entrusted 165.540 M.Ts. of Bulk Bitumen worth about Rs.8,71,323.00 between 5-12-1995 and 18-3-1996 to deliver the same to the Executive Engineer, R&B, Parlikhedmundi Division, Orissa. However, the detenu diverted the same to various places and sold and got illegal sale proceeds for personal benefit. It is alleged that he obtained anticipatory bail in Crl.M.P.No.42/97, dated 27-2-1997 from the Court of I Additional Metropolitan Sessions Judge, Visakhapatnam and he did not comply with the conditions imposed in the bail order. In Crime No.28/97 it is alleged that between 18-4-1996 and 23-10-1996 the detenu diverted 168.335 M.Ts. of Bulk Bitumen worth about Rs.9,58,43 6.00 to various places in 17 trucks. He sold and misappropriated the value. In this Crime also the detenu obtained anticipatory bail in Crl.M.P.No.342/97, dated 17-6-1997 from the Court of I Additional Metropolitan Sessions Judge, Visakhapatnam and did not comply with the conditions imposed in the bail order. In Crime No.41/97 it is alleged that the detenu diverted 111.70 M.Ts. of Bulk Bitumen meant for Junior Engineer, R&B Stores, Rayagada, Orissa, to various other places and- sold and misappropriated the sale proceeds. In Crime No. 100/97 it is alleged that the detenu was entrusted with 160.170 M.Ts. of Bulk Bitumen worth Rs.7,97,201.00 to be supplied to the Executive Engineer, PW Division No.1, Raipur. However, he diverted it to some other places and made good of the amount. In Crime No. 101/97 it is alleged that the detenu diverted 41.060 M.Ts. of Bulk Bitumen worth Rs.2,31,343.00 meant for Junior Engineer, R&B Jeypore, Orissa and sold the same at various places and misappropriated the sale proceeds; In Crime No.102/97 it is alleged that a quantity of 92.030 M.Ts. of Bulk Bitumen worth about Rs.5,04,356.00 was illegally diverted by the detenu to some other places and misappropriated the same. In Crime No.103/97 it is alleged that the detenu diverted 38.560 M.Ts. of Bulk Bitumen worth about Rs.2,77,863.00 to some other places and misappropriated the sale proceeds.