S MAYULAMMA Vs. STATE OF A P

JUDGEMENT

(1.) THE wife of Sangadi Bhagaraju invoked the Habeas Corpus jurisdiction under Art. 226 of the Constitution for quashing the detention order passed by the second respondent, Collector and District Magistrate, East Godavari District at Kakinada in Ref. No. 61/m/671/2007 dt. 14-11-2007 detaining her husband, sangadi Bhagaraju (hereinafter called as "the detenu) by declaring the same as illegal and void and set him at liberty forthwith.

(2.) THE 2nd respondent-Collector and District Magistrate, East Godavari district at Kakinada passed the detention order under Section 3 (2) r/w 3 (1) of the A. P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1896 (for short "the Act") stating that he satisfied to detain the detenu as he is found to be a "bootlegger" within the meaning of Sec. 2 (b) of the Act and explanation given under the above section of the Act and his activities qualify as being dangerous to public health and public order.

(3.) THE grounds of detention as enclosed to the detention order disclose that three crimes, namely, (1) Cr. No. 184/2006-2007 dt. 25-11-2006; (2) Cr. No. 91/2007-2008 dt. 22-7-2007 and (3) Cr. No. 129/2007-2008 dt. 21-8-2007 of prohibition and Excise Station, Kakinada South were registered against the detenu under Sec. 8 (e) r/w 7-A of the A. P. Prohibition Act, 1995; that excise officials seized 800, 700 and 100 litres of ID liquor while clandestinely transporting the same from Yanam, Pondichery to Yetimoga; that samples drawn from the liquor seized were sent to Chemical Examiner, Kakinada who on analysis opined that it is illicitly distilled liquor unfit for human consumption and issued Analysis report Nos. 1062 dt. 7-12-2006, 625/2007 dt. 25-7-2007 and 787/2007 dt. 17-9-2007 respectively; that in the first crime ie. , cr. No. 184/2006-2007 charge-sheet was filed before the Special Judicial First class Magistrate and the same was numbered as CC No. 171/2007; and that in the 2nd and 3rd crime investigation is not yet completed and charge sheets are yet to be filed.