( 1 ) THESE Habeas Corpus petitions are coming before us by virtue of an order of a reference made by a Division Bench on 29-11-2004. The Division Bench expressed inability to follow earlier two Division Bench judgments of this Court in N. Rami Reddy v. Government of Andhra Pradesh (1997 (4) alt 522 (D. B.)) and M. Laxmi Bai v. Commissioner of Police, Hyderabad (2003 (1) ALD 35 = 2003 (1) ALT (Crl.) 181 (D. B.) ).

( 2 ) ONE of the grounds taken in these petitions is that the report of the Chemical analyst with regard to the seized liquor did not give the percentage of different constituents of the liquor seized, therefore, the order of detention could not be sustained.

( 3 ) WE are taking W. P. No. 19668 of 2004 for the purpose of referring to the material facts. The detenu, in this case, was detained by virtue of an order passed by the District magistrate under the Andhra Pradesh prevention of Dangerous Activities of bootleggers, Dacoits, Drug-Offenders, goondas, Immoral Traffic Offenders and land Grabbers Act, 1986 (for short the act" ). It appears that liquor was seized from the detenu on various occasions and various cases were registered against him. In some of the grounds, it was stated by learned magistrate that the sample of I. D. Liquor drawn from the contraband seized was sent for chemical analysis and the Government chemical Examiner reported in his C. E report that the sample was illicitly distilled liquor, unfit for potable purpose. We have seen some of the reports of the Public analyst, which have been produced by learned Government Pleader appearing for the Advocate-General.

( 4 ) ONE of the reports reads as under "prohibition and Excise Department, andhra Pradesh Laboratory Analysis report 8944/2001. The sample (s) of Liquid received with correct and intact from Prohibition and excise Inspector, Stn. Charminar, in his letter Dis. No. 104/2001-2002, dated 16-8-2001 has/have been tested in this laboratory with the following results: S. No.

Description of Sample

%proof Spirit of Hydrometer Strength Degrees

Remarks

10236

A colourless liquid with sediment having characteristic odour measuring 120 ml each in 3 sachets kept in a paper cover and sealed. Cr. No. 104/2001 -02 Code No. 103/ CHMR/2001

66. 0 U. P.

SI. Nos. 10236 and 10237 are illicitly distilled liquor unfit for potable purpose.

10237

A colourless liquid with sediment having characteristic odour measuring 120 ml each in 3 sachets kept in a paper cover and sealed. Cr. No. 104/2001-02 Code No. 103/1/ CHMR/2001

65. 4 U. P.

Tests conducted (SI. Nos. 10236 and 10237)

For Alcohol : Positive

For Acidity : Positive

For Fusel Oil and allied Impurities: Positive

4. For Methanol : Negative

Sd/xxxx

Government Chemical

Examiner of Prohibition and Excise,

Regional Prohibition

and Excise Laboratory.

Sd/-

Chemical Examiner"

( 5 ) LEARNED counsel for the petitioners submits that under the column of tests conducted, the report for alcohol, acidity, fusel oil and allied impurities it is stated positive and for methanol it is stated that sample is negative, but it has neither given the percentage of alcohol nor the percentage of acidity, nor the percentage of fusel oil or allied impurities, therefore, this was an irrelevant report for being taken into consideration by the District Magistrate. Since the grounds were not separable, therefore, on this ground alone, the detention could be quashed. Percentage of different constituents of alcohol is a necessary input to be considered by the detaining authority for reaching to subjective satisfaction as to whether there was imminent danger to public health and as to whether the detention of the person was necessary. In this connection, he relies on the judgments of this Court referred to hereinabove. Before coming to those judgments and the other judgments cited at the bar, it will be necessary to have a look at the Act itself. Section 2 (a) of the Act reads as under: " (a) "acting in any manner prejudicial to. the maint