WP/23470/2004 of C. Eswaraiah S/o C. Akkulappa Vs The Collector and District Magistrate on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT PETITION NO : 23470 of 2004

Between:

C. Eswaraiah S/o C. Akkulappa, R/o Katnekaluva Rapthadu Mandal, AnanthapurDistrict

..... PETITIONER

AND

1 The Collector and District Magistrate O/o District collector, Anantapur Anantapur (District)

2 The Chief Secretary, Government of Andhra Pradesh Secrtariat, Hyderabad 3 The Secretary, Department of General Administration Government of A.P., Secretariat, Hyderabad 4 The Superintendent, Charlapalle Central Jail Hyderabad

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ of Habeas Corpus under Act 226 of Constitution of India directing therespondents to produce the detenu Sri. Bandi Venkat Ramudu, Umanagar,Anantapur detained in C. No. 5001-24/MC/2004 dated 18-9-2004 now lodge inCharlapalle Central Prison, Hyderabad before this Hon'ble Court and he may bereleased forthwith after declaring the detention as illegal and invalid andunconstitutional and pass such other or further orders.

Counsel for the Petitioner : MR.K.MADHAVA REDDY

Counsel for the Respondents : THE ADVOCATE GENERAL

The Court made the following :

ORDER: (Per Hon’ble Sri Justice Bilal Nazki)

Nobody appears for the petitioner. Counter has been filed. Wehave gone through the record and heard the learned GovernmentPleader appearing for Advocate-General.

The detenu has been detained in terms of the Andhra PradeshPrevention of Dangerous Activities of Bootleggers, Dacoits, DrugOffenders, Goondas, Immoral Traffic Offenders and Land GrabbersAct, 1986 (hereinafter referred to as ‘the Act’) by an order of theDistrict Magistrate and Collector, Ananthapur, dated 18[th] September,2004.

Various grounds have been taken to challenge the order ofdetention and grounds of detention. Grounds No.2, 4 and 5 appear tobe irrelevant as they relate to the crimes registered under Section107 Cr.P.C. ‘Goonda’ is defined in Section 2(g) of the Act as under; “2 (g) : “goonda” means a person, who either by himself or as amember of or leader of a gang, habitually commits, or attempts tocommit or abets the commission of offences punishable underChapter XVI or Chapter XVII or Chapter XXII of the Indian PenalCode.”

Since three of the grounds pertain to the offences, which do notfall under relevant chapters of Cr.P.C. therefore, the detention wasbad, as has been held in a number of judgments by this Court.

On this ground alone, we allow this Writ Petition and quash theorder of detention. The detenu shall be released forthwith, if notneeded in any other case. No order as to costs.

30[th] December, 2004.

ajr

_______________

BILAL NAZKI, J

_____________________

Dr. G. YETHIRAJULU, J

To

1 The Collector and District Magistrate O/o The District collector, Anantapur, Anantapur District. Anantapur District.

2 The Chief Secretary, Government of Andhra Pradesh, Secrtariat, Hyderabad 3 The Secretary, Department of General Administration, Government of A.P., Secretariat, Hyderabad 4 The Superintendent, Central Jail, Charlapalle, Hyderabad.

5 Two C.Cs. to the Advocate General, High Court of A.P., Hyderabad (O.U.T).

6 Two C.D. copies.