IMPORTANT POINT
The essential concept of preventive detention is that the detention of a person is not to punish him for something he has done but to prevent him from doing it.

JUDGMENT

P.Sathasivam,J. —

1) Leave granted.

2) The appellant, who is the brother-in-law of R. Sreenivasulu-the detenue, has filed this appeal against the judgment and final order dated 08.04.2011 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in a writ of Habeas Corpus being Writ Petition No. 65 of 2011 whereby the High Court dismissed his petition holding that the order of detention of R. Sreenivasulu passed by the Collector and District Magistrate, Kadapa, Y.S.R. District, in Ref. No. 670/M/2010 dated 12.11.2010 is not illegal.

3) Brief Facts:

a) According to the prosecution, the detenue was found to be involved in felling, transporting, smuggling of red-sanders trees and committing theft of forest wealth in as many as eight times within a period of one year. The cases registered against him disclose his activities. They are:

(i) OR No. 130/2009-10- dated 22.02.2010:

On 22.02.2010, on receiving information at 06:00 a.m., Forest Range Officer and Deputy Range Officer Rayachoty, alongwith other staff proceeded to Masineni Kanuma locality of Palakonda Reserved Forest in Saraswathipalli Beat and noticed 3 persons lifting and storing red-sanders wood and preparing to transport the same. On seeing the Forest officials, they ran away from the scene of offence and could not be apprehended. Later, they were identified and one among them was the detenue. Thereafter, the Forest officials seized 30 red-sanders logs weighing 844 kgs. worth Rs.45,576/-. An offence was registered against them vide P.O.R. No. 6 dated 22.02.2010 under Section 20(1)(c)(ii) of the A.P. Forest Act, 1967 (hereinafter referred to as “the A.P. Act”) for trespassing in Reserved Forest, under Section 20(1)(c)(iii) of the A.P. Act for causing damage by willfully cutting trees and dragging the same, under Section 20(1)(c)(vi) and (x) of the A.P. Act for collection and removal of red-sanders timber and under Section 29(2)(b) of the A.P. Act read with Rule 3 of the A.P. Sandal Wood and Red Sanders Transit Rules, 1969 (in short “the Rules”) for transportation of red-sanders timber without permit and without any Government Transit Mark and for theft of red-sanders timber from Reserved Forest under Section 378 of the Indian Penal Code, 1860 (in short “IPC”) and for criminal conspiracy under Section 120B IPC.

(ii) OR No. 01/2010-11 dated 01.04.2010

On 01.04.2010, on receiving information at 7.30 a.m., the Deputy Range Officer, Forest Beat Officers and Assistant Beat Officer proceeded to the localities in Gudukonda and Pathikona and noticed the movement of the detenue and two others who escaped from the scene of the offence and later the detenue was identified and crime was registered against him vide P.O.R. No. 16 dated 01.04.2010 under various sections of the A.P. Act and the Rules and also under Sections 378 and 120B IPC.

(iii) OR No. 02/2010-11 dated 03.04.2010

On 02.04.2010, the Forest Range Officer, Rayachoty along with other staff stopped a vehicle carrying 20 red- sanders logs. The detenue along with two others escaped from the vehicle but the Forest officials apprehended the driver of the vehicle and a crime was registered vide P.O.R. No. 17 dated 03.04.2010 against them for an offence under various sections of the A.P. Act and the Rules and also under Sections 378 and 120B IPC.

iv) OR No.13/2010-11 dated 11.05.2010 and PS Crime No. 40/10

On 08.05.2010, on receiving a complaint regarding smuggling of red-sanders logs, while doing routine vehicle check, the Inspector of Police, L.R. Palli along with other staff stopped two vans and caught hold of four persons and seized red-sanders logs from the above two vehicles and on the basis of their information a crime was registered by Galiveedu Police Station in Crime No. 40/2010 for an offence under various sections of the A.P. Act and the Rules and also under Sections 379 IPC against 14 accused persons in which detenue was shown as 12th accused.

(v) OR No. 18/2010-11 dated 23.05.2010

On the intervening nigh