Andhra Pradesh High Court
Judges : C.V.N.SASTRY, LINGARAJA RATH
Pilli Yeteswari - Appellant
Versus
Government Of A.P., rep. - Respondent
Decided On : 08-19-96
Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers, dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land grabbers Act, 1986 - Criminal Procedure Codde,1973 - Sections 41 and 102 - Indian Penal Code,1860 - Section 380 - Orders of detentions - Offence registered – Acquittal - Petitioners were rejected by the Government on while approving the detention and thereafter their cases were placed before Advisory Board under Act on - orders of detentions were confirmed by the Board for one year - Since both detentions arise out of almost identical set of facts both the cases are disposed of by this common order - Both cases have been filed by the respective wives of the detenu - In detenu is one respondent o observed while passing the order of detention regarding him and whereas having regard to the resources and influence of Pilli kanaka Reddy who has been organizing and executing dangerous activities in violation of the Laws of tremendous - Held, A case of theft serious though it may be yet hardly constitutes a case affecting public order. distinction between law and order and public order has been pointed out in a catena of decisions of the Apex Court from time to time and it is not necessary to go into detail of those cases - It is suffice to observe that no action becomes one as affecting public order unless it affects the even tempo of public life the life of the community, even though it may create a situation of law and order - Distinction lies in the degree and reach of offence rather than in its nature as same action under a given circumstance may become a question of public order and yet only a situation affecting law and order in other situations a matter which was explained - Writ Petitions are allowed
( 1 ) THESE two cases challenge the orders of preventive detention passed against the respective petitioners by the Commissioner of Police and Addl. District magistrate, Visakhapatnam. Orders of detention were passed on 6-6-1996 under the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers, dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land grabbers Act, 1986 (Act No. 1 of 1986) (hereinafter referred to as "the Act")- The representations of the two petitioners were rejected by the Government on 17-6-1996 while approving the detention and thereafter their cases were placed before the Advisory Board under the Act on 19-7-1996. The orders of detentions were confirmed by the Board for one year. Since both the detentions arise out of almost identical set of facts, both the cases are disposed of by this common order.
( 2 ) BOTH the cases have been filed by the respective wives of the detenus. In w. P. No. 12572 of 1996, the detenu is one Pilli Kanaka Reddy. The respondent no. 2 observed while passing the order of detention regarding him:"and whereas having regard to the resources and influence of Pilli kanaka Reddy who has been organising and executing dangerous activities in violation of the Laws of the land. "he observed, so far as the detenu in W. P. No. 12573 of 1996, V. Satyanarayana is concerned:"and whereas having regard to the plenary resources and the tremendous clout of Sri Vithanala Satyanarayana, the large scale manner in which the dangerous activities are being clandestined schemely organised and executed in gross violation of the Laws of the land by the said Sri Vithanala satyanarayana in Visakhapatnam Metropolitan Area Police District. " both the orders were passed to prevent the detenus from acting in any manner prejudicial to the maintenance of public order in Visakhapatnam Metropolitan area Police District. Both the detenus were supplied with the grounds of detention, which so far as Pilli Kanaka Reddy is concerned, were as follows: (1) That you either by yourself or through thieves organised by you into bands of professionals are in the habit of committing or abetting the commission of thefts of cables, wires and steel materials in the limits of visakhapatnam Metropolitan Area Police District, and (2) That you were arrested on 26-5-1996 in Cr. No. 15/96 u/s. 380 IPC of harbour Crime P. S. in which sophisticated steel material worth Rs. 8. 6 lakhs prod uced by Bhilai Steel Plant and slated for export to the U. S. A. were stolen from the stockyard of SAIL, Port area. The entire stolen property was recovered on your confession. The amount of Rs. 233 lakhs paid by you to the Central Industrial Security Force personnel (six) to facilitate the offence was also recovered on your confession from the concerned six CISF traitors. "the grounds of detention so far as the other detenu is concerned were as follows;" (1) That you, Sri Vithanaja Satyanarayana, either by yourself or through criminalsorganised byyou into bands of professional thieves are in the habit of committing or abetting the commission of looting of public and private property comprising of machinery, steel materialsand the like in the limits of Visakhapatnam Metropolitan Area and you (2) That on 26-5-96, you were arrested in Cr,no. l5/96 u/s. 380 IPC of harbour Crime P. S. Visakhapatnam wherein steel sophisticated material worth Rs. 8. 60 lakhs produced by Bhilai Steel Plant and slated for export to U. S. A. by Steel Authority of India was stolen from the Port area. The entire property was recovered on your confession. The pay off of Rs. 2. 33 lakhs paid by you to win over CISF personnel guarding the property was recovered from the traitors on your confession. "
( 3 ) MR. C. Padmanabha Reddy, learned Senior Advocate appearing for the two petitioners submits the orders of detention being not for maintenance of any public order and relatable, if at all, only to a situation of law and order and further submits th
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