Y. BHASKAR RAO, J.

( 1 ) THE petitioner is the father of one Moganti Venkata Subba Rao, who was preventively detained by an order dated 26-12-1996 in C. No. 434/mc/96 passed by the 1st respondent - the Commissioner of Police and Additional district Magistrate, Visakhapatnam City, under Section 3 (2) of 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 1 of 1986 ), with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The order was passed on the ground that he habitually commits offences and goonda activities in violation of the law of the land and that he comes within the category of goonda .

( 2 ) ALONG with the order of detention, a copy of the grounds based upon which the detention was ordered, was furnished to the detenu. After referring to the antecedents of the detenu that he has been habitually committing goonda activities in violation of the law of the land and therefore he comes under the category of Goonda as defined under Section 2 (g) of the Act No. 1 of 1986, the grounds of detention are mentioned. The following are some of the grounds:- "you, during the month of February 96 prepared forged documents as c book, Permit and other records in the name of Lorry with Reg. No. 3846 and you have sold the same to one Mohammed Raffiuddin @ Raffi, a owner of Lorry ADT 4555 for Rs. 1,500/- and thereby facilitated and abetted the commission of offence in Cr. No. 14/96 under Sec. 407 and 420 ipc of Steel Plan L and O P. S. , Visakhapatnam City. You, during the month of April 96 prepared forged documents such as c book, Permit and other records in the name of Lorry with Reg. No. A. P. 15 t 8011 and supplied the same to Mohammed Raffiuddin for Rs. 1,500/- and thereby facilitated and abetted the commission of offence in cr. No. 8/96 u/s. 407 and 420 IPC of Steel Plan L and O P. S. , Visakhapatnam city. You, during the month of August 96 prepared forged documents such as c Book, Permit and other records in the name of Lorry with Reg. No. AAG 4524 and supplied the same to Mohammed Raffiuddin for Rs. 2,000/- and thereby facilitated and abetted the commission of offence in Cr. No. 40/96 u/s. 407 and 420 IPC of Steel Plant L and O P. S. , Visakhapatnam City. You, during the month of September, 96 was arrested by Nunna Rural police Station of Vijayawada City for having possession of Rubber Stamps, which were forged and also c Books, prepared by you after selling them to the owners who approaches you and they have seized forged 10 Rubber stamps prepared by you which bears the seals of various Road Transport authorities in the Country and also 14 forged c Books prepared by you vide their Cr. No. 132/96 u/s. 468,471,420 and 409 IPC on 8-9-96. It is, thus, evident that you are a habitually abetting commission of offences falling under Goonda Activities. On 9-11-96 you have been arrested by Steel Plant Police, Visakhapatnam City at Gajuwaka, along with other Accused and was sent for remand. You have been identified by the witnesses in the above cases while judicial identification parade conducted by the IV Metropolitan Magistrate Court (Railways), visakhapatnam. " I

( 3 ) AFTER narrating the grounds of detention, the detaining authority stated that the detenu is a dangerous and desperate character and so hardened and became incorrigible that the ordinary provisions of Penal Code will not have deterrent effect over his criminal acts and he is likely to repeat such criminal acts in future and as such he has to be kept under control. The detaining authority further stated that in the circumstances, preventive detention is only the precautionary measure to avert the situation and that the preventive detention is always the precautionary measure and it is based on reasonable prognos is of future behaviour of the person based on his past conduct found in the lig

Click Here to Read the rest of this document