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2012 Supreme(AP) 1021

High Court of Andhra Pradesh
N.V. RAMANA & P. DURGA PRASAD, J.
V. Muragesh
Versus
The Collector & District Magistrate & Others
Writ Petition No. 28654 of 2012
Decided on : 17-10-2012

Advocates Appeared:
For the Petitioner:C. Masthan Naidu, Advocate.
For the Respondents:The Advocate General.

Headnote:A.P. Forest Act 1967, Sections 20, 29, 44; A.P. Sandal Wood and Red Sander Wood Transit Rules 1969, Rule 3; Penal Code 1860, Sections 378 and 379---A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbing Act 1986 - Section 3 (1) and (2) – Forest offences---Detention -- Vital documents not placed before detaining authority to arrive at subjective satisfaction—If one of grounds of detention, is found to be bad, order of detention cannot be sustained - Order of detention quashed.

Judgment

N.V. Ramana, J.

The petitioner, who claims to be the son of the detenu, namely Vepagunta Nagaiah, who is now detained in Central Prison, Cherlapally, has filed this writ petition praying the Court to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu before this Court and set him at liberty forthwith.

The Divisional Forest Officer, Wild Life Management Division, Tiruputi, informed respondent No.1, namely the Collector and District Magistrate, Chittoor (hereinafter referred to as 'the Detaining Authority') that the detenu since last seven years has been committing forest offences, namely illicit felling of red sanders, smuggling them to secret and unknown places in India and abroad. He is involved in eight forest offences, namely in O.R. Nos. 177/2010-11, dated 14.02.2010; 126/2009-10, dated 26.02.2010; 217/2010-11, dated 31.03.2010 and 20/2012-13, dated 20.04.2012 of Flying Squad Division, Tirupati -O.R. Nos. 17/2011-12, dated 25.04.2010; 26/2011-12, dated 02.05.2011; 108/2011-12, dated 05.10.2011 and 249/2011-12, dated 24.03.2011 of S.V. National Park Range, Wild Life Management, Tirupati. The said cases were registered against the detenu for the offences punishable under Sections 20, 29 and 44 of the A.P. Forest Act, 1967 and Rule 3 of the A.P. Sandal Wood and Red Sander Wood Transit Rules, 1969 and the provisions of Sections 378 and 379 I.P.C. While the said cases are pending trial, considering the fact that the illegal activities of the detenu, is resulting in willful destruction of red sanders trees, which is an endangered species; damage to public property, resulting in depletion of green cover and loss of national wealth; prejudicial to the maintenance of public order; disturbing the peace, tranquility and social harmony in the society, and as the forest laws and ordinary law under which the detenu is being prosecuted are not sufficient in the ordinary course to deal with him firmly, respondent No.1-Detaining Authority') in exercise of the powers conferred on him under Section 3(1) and (2) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbing Act, 1986 (hereinafter referred to as 'the Preventive Detention Act'), with a view to prevent the detenu from commission of similar such activities, which is resulting in plundering of national wealth, vide order dated 28.05.2012, ordered the detention of the detenu in prison. Pursuant to the said order of detention, the detenu was lodged in Central Prison, Cherlapally. The said order of detention, passed by respondent No.1-Detaining Authority, was confirmed by respondent No.2, namely the Government, by orders issued in G.O. Rt. No. 2950, General Administration (Law and Order -II) Department, dated 26.06.2012. Hence, questioning the said order of detention, passed by respondent No.1-Detaining Authority, for detention of the detenu in prison, as confirmed by respondent No.2-Government, the petitioner filed the present writ petition.

The learned counsel for the petitioner submitted that the eight cases registered against the detenu for the offences punishable under the A.P. Forest Act and the Indian Penal Code, which formed the basis for passing the order of detention by respondent No.1-Detaining Authority, are false. Out of the said eight cases, he was arrested and released on bail in five cases, while in three cases, he has not been arrested. Respondent No.1-Detaining Authority, in the order of detention, except stating that the detenu was arrested and released on bail in five cases, has not considered the bail applications filed by the detenu and the effect of the bail orders passed therein, because they were not placed before him by the Sponsoring Authority. Therefore, he contends that the order of detention suffers from subjective satisfaction of and non-application of mind by respondent No.1-Detaining Authority. He further submitted that if one of the gro






































































































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