SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(AP) 438

Andhra Pradesh High Court
Judges : K.BHASKARAN, S.S.M.QUADRI
P.R.Mohan - Appellant
Versus
Government Of A.P. - Respondent
W.P.No.10438/87
Decided On : 08-14-87
Advocates Appeared :
.

Headnote:AP PREVENTION OF DANGEROUS ACTIVITIES Of BOOTLEGGERS DACOITS DRUG OFFENDERS, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, Sec2 (g) and 3 (1) - Detention of a person for a period of 12 months for alleged incidents of Goondaism from 1981 to 1985 - Not valid

       Held : The order of detention cannot be sustained Unless the requirements of definition of "Goonda" are shown to be present no person can be detained as such under Sec (3) of the Act Mentioning of the incidents which took place in 1981 and thereafter till the date of detention does not in the least affect his detention on the alleged grounds of absence of proximity and nexus when the detention is ordered under Sec3 of the Act On the contrary they are germane to satisfy and make out d case that the detenue is a "Goonda" as he is habitually involved in the commission of the offences mentioned in Sec2(g)

       WP Allowed

SYED SHAH MOHAMMED QUADRI, J.

( 1 ) THE petitioner is a student of law and is branded as goonda within the meaning of Section 2 (g) of the A P. Prevention of Dangerous activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic offenders and Land Grabbers Act, 1986 (for short the Act) on account of the alleged lawless activities. On 26-6-1987, the Collector, Chittoor, respondent No. 2, issued order dircting his detention for a period of 12 months on the following grounds : "1. You are a goonda along with your associates formed into a unlawful assembly and tried to forcibly enter into the municipal office without valid pass when counting of votes was going on in municipal office, Srikalahasthi at 10-30 AM on 108-1981 where the Sub-Inspector, Sri K. K Reddy who was on duty objected you, you have assaulted not only the Sub-Inspector, but also the head Constable 417 and also attempted to stab P. C. 125 with a dagger. But you nave managed to escape. This incident was registered as Crime No. 63/11 under Sections 147, 307, 148, 332 ipc read with 149 IPC of Srikalahasthi Urban Police Station it was taken on file in CC No. 105/83 by Additional District munsif Magistrate, Srikalahasthi, and the same was acquitted on 12-5-1987 as the witnesses turned hostile due to fear and scare created by you.

( 2 ) YOU have escaped from police, again collected some of your associates, viz. , 1. Mirjankhan 2. Kumaraswamy 3. K. Ramamoorthy 4. Narayana Chetty 5. Prabhakar 6. P. Subramanyam 7. D. Ramesh 8. K. Udayakumar 9. Dibba Reddy 10. M. Chiranjeevulu 11. Pindi Babu and 12. Uppala Subrahmanyam formed into unlawful assembly armed with cycle chains, soda bottles, sticks, stones, etc. , and caused injuries to the police personnel on duty and this incident was registered as Crime no. 64/81 under Section 147, 148, 324, 307 IPC read with Section 149 IPC of Srikalahasthi Urban Police Station and is P. T. in p. R. C. 1/86 on the file of Additional District Munsif Magistrate, srikalahasthi. The open attack on the police during broad day light created scare and terror in the minds of enthusiastic public who gathered there to watch counting of votes and took to their heels. You had a audacity to revenge after mobilising some of your followers armed with cycle chains and soda bottles and attacked the police personnel on duty which reflects your open defiance to law which created scare in the minds of the public of srikalahasthi town.

( 3 ) ON 4-11-1985 when the Executive Officer, Sri kalahastheeswara Swamy temple was selecting Goorkhas as Night Watchmen, you went there and assaulted the Executive Officer without any prvocation. Tn this connection a case in Crime No. 101/85 u/s. 353 ipc has been registered against you in Srikalahasthi Urban police Station and the case is under investigation. Your open attack on police personnel with cycle chain, soda bottles, brick bats and your assault on the law abiding and peace loving executive Officer Srikalahastheeswaraswamy Devasthanam created a terror in the minds of public at Srikalahasthi town and in the surrounding villages.

( 4 ) YOU are a goonda with a large followers in Srikalahasthi town and always moving with your associates, Kanta Muneiah, Kanta bhaskar, Gall Subrahmanyam Naidu, Budda Muneiah Mutharasi sudhakar, Harijan Srinivasulu and others armed with button knives, cycle chains, soda bottles, etc. The unfettered criminal activities committed by you and your associates created scare and terror in the public of Srikalahasthi town and surrounding villages.

( 5 ) ON 16-3-1987 along with P. Guravaiah Naidu, Kanta Venkata-muni subbaiah, Kanta Bhaskar, T. Bbaskara Naidu, Dhananjeyulu naidu and 10 others formed into a unlawful assembly armed with deadly weapons such as daggers, cycle chains and sticks with the common intention of murdering V. Subrahmanyarn naidu of Srikalahasthi, you have criminally trespassed into his house and damaged the house-hold articles like T. V. set, wall clock, ceiling fan








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top