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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Dilip B. Bhosale & S.V. Bhatt, JJ.
Bukke Hima Bindu – Petitioner
Versus
State of A.P. Rep. by Chief Secretary, Gad (L & O) Department & Others – Respondents
W.P. No. 14706 of 2015
Decided On : 14-10-2015
Indian Penal Code -Section 307, 353, 379 -Biological Diversity Act, 2002 -Section 55 (2) Wild life Protection Act, 1972 -A.P. Sander Wood & Red Sander Wood Transit Rules -Rule 3 - petitioner claims to be the wife of Bukke Nagendra Naik. petitioner prays for writ of Habeas Corpus for release of Bukke Nagendra Naik 2nd respondent, after referring to the unabated commission of alleged crimes viz. forest offences, theft of red sanders and repetition of the same offences after the detenue is enlarged on bail in pending criminal cases by the Magistrates and with a view to preventing the detenue from committing same offences, recorded the subjective satisfaction warranting preventive detention as follows:- "Upon perusal of all material papers, it is clear that Sri Bukke Nagendra Naik, aged 30 years, residing at Door has committed a series of forest offences by entering Government Reserve Forests without proper authorisation, severing standing red sanders trees from the Earth, and trying to smuggle the highly valuable red sanders heart wood to secret destinations in Bangalore/Chennai and other unknown places. He has repeatedly been committing forest offences involving the smuggling of Red Sanders, he has not stopped and committing the same type of offences even after cases and charge sheets were filed against him. It is also evident from the case records he is engaging a huge number of persons for the clandestine business and they were arrested along with red sander stock at the time of cutting of trees and during transportation. Organising such large number of persons for illegal severing and transportation of Red Sanders has created fear and terror among the public in the district and villages surrounding the reserve forest in a particular leading to disturbance of peace, law and order –Held attempt was made to nullify the order of detention by drawing our attention to the latest decision of this Court reported in Rekha vs. State of Tamil Nadu, (2011) 5 SCC 244, on going through the factual position and orders therein and in view of enormous activities of the detenue violating various provisions of IPC, the A.P. Act and the Rules, continuous and habituality in pursuing the same type of offences, damaging the wealth of the nation and taking note of the abundant factual details as available in the grounds of detention and also of the fact that all the procedures and statutory safeguards have been fully complied with by the Detaining Authority, we are of the view that the said decision is not applicable to the case on hand. On the other hand, we fully agree with the reasoning of the Detaining Authority as approved by the Government and upheld by the High Court." referred to the criminal cases in which the detenue is involved and was habitually committing various offences. The offences alleged against the detenue are that the alleged detenue in association with like minded persons is felling, cutting and smuggling red sanders, causing loss to the national wealth. The proximity of cases and the repetition of same offences when the detenue is enlarged on bail is taken note by the Detaining Authority in exercising the power. writ petition fails and is accordingly dismissed –Petition is Dismissed.
1. The petitioner claims to be the wife of Bukke Nagendra Naik. The petitioner prays for writ of Habeas Corpus for release of Bukke Nagendra Naik (hereinafter referred as the detenue) by declaring detention order Rc. No. C2/1425/2015 dated 28.03.2015, as illegal and void ab initio.
2. The facts and the contentions relevant fort the disposal of writ petition are as follows: The 2nd respondent through order in Rc. No. C2/1425/2015 dated 28.03.2015 directed detention of the detenue under Section 3 (2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoit's Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, the Act). The grounds of detention referred to a series of crimes registered against the detenue in different police stations under the A.P. Forest Act, A.P. Sandalwood and Red Sandalwood Transit Rules, 1969, Wild Life (Protection) Act, 1972, Biological Diversity Act, 2002 and under the provisions of the Indian Penal Code. The 2nd respondent refers to the following instances in recording his satisfaction to pass order of detention under Section 3 (2) of the Act. The details read thus:-
1. Bhakarapet PS, Cr. No. 71 of 2003 U/sec.20 (1) (C) (ii) (iii) (iv) & (x) of A.P. Forest Act, 1967 (II) Rule 3 & 4 of A.P. Sander Wood & Red Sander Wood Transit Rules, 1969 (III) Section 29 of Wild life Protection Act, 1972 (IV) Section 55 (2) of Biological Diversity Act, 2002 and 379 Indian Penal Code of Bhakarapet P.S. Occurred on 13-9-13 at 8 PM, Devarakonda cross, H/o Devarakonda, Chinnagottigallu Mandal and reported in the P.S. on 13-9-13 at 9 PM, in which the accused A1 B. Nagendra Naik, 27 years, s/o B. Ramji Naik, Door No. 9-602/1, Rajiv Nagar Colony, Piler Town and 4 others while they were preparing for the illegally transportation of red sander which was committed theft from the forest area and seized 03 RS logs wt. 91 KGs, worth Rs. 45,500/- and one Hero Honda motor cycle bearing No. AP 03 AF 4251 under a cover of police proceedings. The accused Bukke Nagendra Naik, age 27 years s/o Ramja Naik, D. No. 9-602/1, Rajeev Nagar Colony, Piler, A2 and A4 were sent to judicial remand by SI, Bhakarapet PS. Later the accused A5 was arrested on 14-9-13 and sent for remand. The case is UI for arrest of the accused A-3.
2. Rompicherla PS, Cr. No. 54 of 2014 U/s 29, 32 of A.P. Forest Act, 1967, Rule 3 of A.P. Sander Wood & Red Sander Wood Transit Rules, 1969, 29 of Wild life Protection Act, 1972, Section 55 (2) of Biological Diversity Act, 2002, Section 307, 353, 379 IPC: Occurred prior to 11.6.2014 at 11.00 pm, near Gas Godown, on Rompicherla - Nadimpalli road, Rompicherla Village and Mandal and reported in the PS on 12.6.2014 at 1 AM, wherein the accused A1 to A7 viz., 1) Maddela Sai Sampath Kumar @ Sai, aged 20 years, s/o M. Reddappa, door No. 2-1255, Library street, Piler town and Mandal, 2) Shaik Ashif, aged 19 years, s/o Shaik Noor Mahammad, Palavari Street, Piler town and mandal, 3) Attar Mahaboob Basha, age 35 years, s/o A. Chand Basha, door No. 3/16, Sarojinidevi Street, Piler town and Mandal, 4) Poti Muniraja Naidu @ Muniraja, aged 21 years, s/o late Siddaiah Naidu, Maddipatlavaripalli, H/o Ganugachinta, Rompicherla Mandal, 5) M. Ravindra Naik, s/o Jayaram, Indiramma Colony, Piler town and Mandal, 6) D.Prasanth Kumar, s/o D. Bhaskar, Kalikir, 7) Y. Charan Kumar Reddy, s/o Sriram Reddy, Vagalla Village, K.V. Palli Mandal were illegally entered into the Seshachalam forest, committed theft of 6 Red sander logs, concealed the same in the forest area with a view to transport the same in a vehicle with an abetment and active connivance of the accused A8, Nagaraja Naik, Rajiv Nagar Colony, Piler town and Mandal, A9 Nagendra Naik, Rajiv Nagar Colony, Piler. When the accused A1 to A4 were attempting to illegally transporting of the 6 red sanders logs, weighing 115 KGs in an auto No. AP03X 4875, when police intercepted, the accused having knives tried to kill the police party, p
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