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1994 Supreme(AP) 449

Andhra Pradesh High Court
Judges : M.N.RAO, Y.BHASKAR RAO
Y.Gowtham Siddartha - Appellant
Versus
The Commissioner of Police and Additional district Magistrate, Vijayawada City - Respondent
Decided On : 10-04-94

Headnote:Andhra Pradesh Prevention of Dangerous Activities of Boat-Leggers, Dacoits etc Act, 1986 - Sections 2(a), 2(g), 3(1) and 3(2) - Detention - Even an habitual offender cannot be detained unless his activities affect adversely or likely to affect maintenance of public order

       Held : even if a person habitually commits or attempts to commit offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code, he cannot be detained unless his activities affect adversely or likely to affect adversely the maintenance of public order

( 1 ) THE petitioner is the father of one Y. Veda Vyas, who was preventively detained by an order dated 30-5-1994 in C. C. No. l204/ml/94, passed by the first respondent - the Commissioner of Police and Additional District magistrate, Vijayawada City under Sec. 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 Advisory Board after considering the material on record came to the conclusion under Sec. 11 (2) of the Act that there was sufficient cause for the detention of Veda Vyas. The State Government, thereafter, issued an order under Sec. 12 confirming the detention and fixing the period of detention as 12 months from the date of detention. Challenging the order of the detention, the present writ petition was filed.

( 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 acts of violence in Vijayawada and other places, crime numbers in which he was figuring as an accused, the names of his associates involved in illegal and violent activities and the fact that a rowdy sheet was opened in Machavaram police Station on 13-4-1994 in respect of the detenu the order contianing the grounds says:"the following are some of the violent activities committed by you which have caused panic and spread a fear psychosis in the minds of law abiding citizens thereby disturbing public peace and order. The following are the grounds of detention:- 1. On 30-6-1993, at about 15. 00 hrs. you along with your associates sunkara Murali Krishna struck panic in the minds of public by forcing entry into Jyothi Mahal Cinema theatre near Benz Circle, Vijayawada dragged one Satish, his sisters Sujatha and Kumari out of the cinema hall. While doing so, you proclaimed that you will rape the girls on the main road. The public in and around the hall got stunned and were panic stricken due to the heinous acts committed by you and your associates. On 2-7-1993 you were arrested and sent for remand and later enlarged on bail on 14-7-1993. This incident was registered as Cr. No. 122/93 u/s. 440, 323, 509, 354 and 506 IPC in Krishnalanka P. S. and you are taking trial in the Court of Fourth Metropolitan Magistrate, vijayawada vide P. R. C. No. 29/93. 2. On 6-2-1994 at about 22. 00 hrs. you along with your associates Suresh babu, Venkateswara Rao, Amareswara Rao standing near Srinivasa bank colony on N. H. 5 road pelted soda bottles on a hired R. T. C. Bus carrying Congress-I sympathisers who were returning after attending a Sadasu at Eluru injuring three persons. This has caused panic and fear in the area. 3. On the same day again at 23. 00 hrs. you along with same associates armed with iron rods attacked another bus near Mourya Wines broke window glasses and threatened the inmates of the Bus to kill them. Later you along with your associates escaped from the scene by leaving two wheels vehicles due to the timely intervention of the police. This incident created panic in the minds of public. These incidents were registered as Cr. No. 22/94 u/s. 147, 148, 307, 427 r/w. 149 IPC and cr. No. 23/94 u/s. 147, 148, 307, 427 r/w. 149 IPC of Patamata P. S. You were arrested on 12-2-1994 and sent for judicial custody. You were enlarged on bail on 24-2-1994. 4. On 8-4-1994 at about 16. 15 hrs. you along with Bobbili Kanna, Koneru sai Sreenath went to Vinayaka Theatre on N. H. 5 road forcibly broke opened glass doors, entered the main verandah pulled out one yeddanapalli Roshaiou sitting in the cash counter of the theatre canteen, stabbed him with broken cool drink bottle without any provocation. This act of yours created panic in the minds of public as it disturbe





























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