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1997 Supreme(AP) 656

Andhra Pradesh High Court
Judges : M.N.RAO, NEELAM SANJIVA REDDY
N.Rami Reddy - Appellant
Versus
Government Of A.P., rep.by its Secretary, GAD (Law and Order), Hyderabad - Respondent
Decided On : 07-31-97

Headnote:

Constitution of India, 1950 - Article 22 - Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, dacoits, Drug, Offenders, Goondas, Immoral, Traffic Offenders and Land grabbers Act, 1986 - Sections 2, 3 - Chemical Examination - After thorough interrogation Excise Inspector and Sub-Inspector drawn samples of liquor for purpose of Chemical analysis from said plastic can which is within your personal possession at time of detention and seized contraband under a cover of special report and arrested you on scene of occurrence and brought you to Prohibition and Excise Station giddalur on point of jurisdiction - After chemical examination Chemical examiner has opined that all samples of liquor in question in cases are illicitly distilled liquor unfit for human consumption - But it does not say harmful - Held, It is clear that presence of fusel oil in liquor by itself is not injurious to health - Only when fusel oil is separated from liquor and consumed in large quantities either by human beings or animals it will prove injurious - What is permissible level of fusel oil is not mentioned in Excise Manual nor do we get it from report of Chemical examiner - Unless it is stated in report of Chemical Examiner that seized liquor from premises of petitioner contained fusel oil in impermissible limits so as to cause grave or widespread danger to life or public health detaining authority will not be justified in ordering detention on ground that detenu is acting in a manner prejudicial to maintenance of public order - As there is no danger to public health or life if a person stocks genuine liquor it cannot be said that he has acted in a manner prejudicial to maintenance of public order - Petition is allowed.

NEELAM SANJIVA REDDY, J.

( 1 ) AN order of detention passed by the District Collector-cum-District magistrate, Prakasam District under Section 3 (1) and (2) r/w Section 2 (a) and (b) 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 ), by which one Nusumu Rami Reddy, s/o Rami Reddy, aged about 30 years and resident of Giddalur Town of prakasam District was detained on the ground that he is a bootlegger, is challenged in this writ petition.

( 2 ) IN support of the order of detention dated 11-12-1996, three grounds are mentioned by the detaining authority, a copy of which was supplied to the detenu. The three grounds are :-" (1) On 28-7-1996, at about 7. 30 p. m. the Prohibition and Excise Inspector, giddalur with his S. I. s and staff on credible information proceeded to Sajahan Nagar of Kongalaveedu Road in Giddalur Town and found you in possession of 5 litres of I. D. Liquor in a blue colour plastic can, which was in your right hand. Immediately the Inspector, giddalur searched the said plastic can and found it to contain around 5 litres of I. D. liquor. After thorough interrogation the Excise Inspector and Sub-Inspector drawn samples of liquor for purpose of Chemical analysis from the said plastic can which is within your personal possession at the time of detention, and seized the contraband under a cover of special report and arrested you on the scene of occurrence at about 8. 30 p. m. and brought you to the Prohibition and Excise Station, giddalur on point of jurisdiction. Then, the Prohibition and Excise inspector, Giddalur registered a case in PR. No. 403/95-96 u/s. 8 (b) of A. P. Prohibition Act, 1995 and transmitted you to judicial custody on 29-7-1996. You are remanded for a period of 15 days to Judicial custody by the Hon ble Special Judicial First Class Magistrate Court for Prohibition and Excise offences, Ongole. (2) On 6-10-1996 at about 10. 00 p. m. the Prohibition and Excise sub-Inspector, Giddalur as per the instructions issued by the Assistant prohibition and Excise Superintendent, Markapur sub-division to keep a close watch and ward over the activities of illicit sellers and bootleggers of liquor crime in view of ensuing Lok Sabha Elections since Giddalur town and Assembly segment falls within Nandyal parliamentary Constituency, proceeded to B. Ed. College vicinity and found you in possession of 11/2 litre of I. D. liquor in a white plastic can of 2 litres capacity while you are coming from Mundlapadu Road towards Giddalur town. After thorough interrogation and search, the prohibition and Excise Sub-Inspector, Giddalur has drawn samples of liquor and seized the case property which was being in your exclusive possession when noticed by the Excise personnel before your detention by them. After your arrest at about 10. 40 p. m. under a cover of special report you are brought to Prohibition and Excise station, Giddalur and a case was registered against you in P. R. No. 20/96-97 u/s. 8 (b) of A. P. P. Act, 1995 and subsequently you were remanded to judicial custody for a period of 15 days by the Hon ble judicial First Class Magistrate Court, Giddalur. (3) On 16-11-1996 at 3. 00 p. m. the Prohibition and Excise Inspector, giddalur with his staff while conducting patrolling for Prohibition offences in and around Giddalur Town, found you in possession of one litre of I. D. liquor in a plastic can near Sagileru Bridge southern side. After interrogation, the Inspector has drawn sample of liquor from the plastic can containing I. D. liquor which was seized from your personal possession and arrested you on the scene of occurrence under a cover of special report and brought you to the Prohibition and Excise station, Giddalur, registered a case against you in PR. No. 127/96-97 u/s. 8 (b) of A. P. P. Act, 1995. Thereupon, you are produced before the Hon ble Judicial First Class Magistrate Court











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