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1999 Supreme(AP) 610

Andhra Pradesh High Court
Judges : C.Y.SOMAYAJULU, MOTILAL B.NAIK
Anakala Maddileti - Appellant
Versus
Government Of A.P., Home Department, Hyderabad - Respondent
Decided On : 08-06-99

Headnote:AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 - Section 2(g) - Detention order - Goondas - Detenues, despites cases being registered against their an earlier occassions have persistently and repeatedly continued in the activity of timber smuggling from the forest areas and also assanlted the forest officials The detenu were rightly termed as goondas

       Held : Courts have to determine whether the activities-of a person are such that they have the potentiality to disturb even the tempo of the community which make it prejudicial to the maintenance of public order

       the magnitude of the activities shall be such that the even tempo of the society is affected A solitary or a remote incident may not be such that to say that the even tempo of the community is affected The activities of the detenus viz , felling of forest trees, smuggling them and in that process assaulting the forest officials and preventing them from discharging their lawful duties are nothing but disturbing the even tempo of public order Cutting the forest trees illegally on a large scale would ultimately lead to dwindling of the forest area and result in deforestation which is now the concern of the society which of late has realised the importance of maintaining ecological balance

MOTILAL B. NAIK, J.

( 1 ) IN all these writ petitions the orders passed by the detaining authorities ordering the detention of the detenus are questioned on various grounds and consequently a writ of habeas corpus is also sought directing the production of the detenus before this Court and set them at liberty and pass appropriate orders.

( 2 ) AS the question involved in all these writ petitions is the detention order passed by the detaining authorities under Section 3 (2) read with Section 3 (1) of A. P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short "act 1 of 1986") all these writ petitions are therefore taken up together and are being decided by this common order.

( 3 ) FEW facts relating to each writ petition are stated as under : WP No. 6375 of 1999 : One Telaga Maddileti son of Chinnaiah a resident of Chinna Develapuram village, Bandi Atmakur Mandal, Kurnool District has alleged that one Telaga Jayanna, son of Maddileti aged about 25 years a resident of Chinna Devalapuram village, Bandi Atmakur Mandal, Kurnool district was ordered to be detained by the orders passed by the second respondent in RCC 408/ M/99 dated 19-2-1999 which order was served on the detenu on 21-2-1999. Pursuant to the detention order passed by the second respondent the detenu Jayanna was arrested and sent for detention to Central Jail, Secunderabad on 21-2-1999. According to the petitioner, in the order of detention it was mentioned that the detenu is a person of notorious activities of timber smuggling and assaulting forest officials and as such he is being detained under Section 3 (2) read with Section 3 (1) of the Act 1 of 1986.

( 4 ) THE grounds of detention are : (L) On 25-5-1996 around 8. 30 a. m. the detenu along with 8 to 10 smugglers got down from the cart which he was driving in TCP canal locality within N. R. Kunta Section and attempt to assault forest personnel and assaulted one Malta Reddy, the Forester with sticks. On this incident a case has been registered by the police in Cr. No. 59/ 96 of Bands Atmakur P. S. under Sections 353, 324 and 379 IPC and the case is pending in the Court as CC 322 of 1996. (2) On 16-10-1996 at 4. 00 p. m. when one V. Balachari, Forester, GBM range and his staff were patrolling, the detenu along with 17 followers forcibly drove a 14 carts loaded with teak timbers by threatening forest staff and a police case was registered in Cr. No. 106/96 of Bandi Atmakur P. S. under Sections 353, 332 and 379 IPC. (3) On 30-10-1996 at 3. 00 p. m. while one Jaffar Hussain and his staff were patrolling about 60 smugglers with 30 carts obstructed the forest staff on duty and forcibly managed to escape. The detenu was identified among them and a case in Cr. No. 110/96 of Bandi Atmakur P. S. was registered under Sections 144, 353. 506 and 379 IPC and a case is pending in CC 86/97. (4) On 14-2-1999 the detenu along with 20 smugglers attempted to murder the train party staff including Ahmad Ali Khan, Forest Range Officer and they attacked the protection party at G. B. M. Rest House with lethal weapons like swords, knives, sticks and guns, and severely injured V. Ramudu and assaulted other members of protection party of Nandyal Forest Division and a case was lodged in Cr. No. 5/99 of Bandi Atmakur P. S. under Sections 332, 307 and 506 IPC.

( 5 ) THE petitioner alleged that on the above grounds the second respondent came to the conclusion that the detenu is a notorious smuggler of timber and also a goonda within the meaning of Section 2 (g) of Act No. 1 of 1986 acting in a manner prejudicial to the maintenance of legitimate duties of forest officials within the meaning of Section 2 (a) of the said Act which has necessitated for ordering detention to prevent him from indulging in the unlawful smuggling activities of timber and assaulting the forest officials.

( 6 ) THE petitioner has alleged that the alleged activities of smugglin


































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