ORDER :

M. Seetharama Murti, J.

1. This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner challenging the detention of his brother, S. Krishna, under the order of detention, dated 27.04.2019, passed by the 2nd respondent - Collector & District Magistrate, East Godavari District, which was confirmed by the 1st respondent-Government of Andhra Pradesh under G.O.Rt. No. 1141, dated 23.05.2019.

2. We have heard the submissions of learned counsel for the petitioner, and of learned Special Government Pleader representing the learned Additional Advocate General appearing for the respondents. We have perused the material record.

3. To begin with, it is apt to note that the following two cases, which were registered against the detenu, are only taken into consideration for his detention under the provisions of the Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 (for short 'the Act').

(i). Cr.No. 201 of 2019, dated 30.03.2019, of Prathipadu Prohibition & Excise Station under Section 7(A) read with 8(e) of A.P. Prohibition (Amended) Act, 1997.

On 30.03.2019 at about 6:00 a.m. the Prohibition & Excise Sub Inspector, Prathipadu, found you in presence of mediator near YRC canal bund in Pedasankarlapudi village limits of Prathipadu Mandal with a gunny bag containing three polythene covers each with 10 Lts totalling 30 Lts of ID liquor.

Your co-accused Saina Rambabu, S/o. Sanyasirao, R/o. Siripuram (V) was arrested with 20 Its of ID liquor thus it was 50 Its of ID liquor. The Prohibition & Excise Sub Inspector arrested you, drawn 300 ml of ID liquor into one clean bottle for analysis purpose as sample, sealed the sample bottle and the bag with polythene covers containing remaining I.D. liquor, affixed identity slips and seized entire property under cover of a mediators report and registered the report as F.I.R. in Cr. No. 201 of 2019 under Section 7(A) read with 8(e) of A.P. Prohibition Act, 1995 of Prohibition & Excise Station, Prathipadu. You along with co-accused were produced before the Hon'ble JFCM Court, Prathipadu for remand. Though the Additional Public Prosecutor opposed bail, you were granted bail on 10.04.2019 by the Hon'ble JFCM Court on executing bond of Rs. 10,000/- with two sureties for a like sum of each and a condition that you should appear before the Station House Officer, Prohibition and Excise Station, Prathipadu on every Monday between 10:00 a.m. to 5:00 p.m. Further, on analysis of the sample drawn in this case, the quantity seized is found to be "illicitly distilled liquor, unfit for human consumption and injurious to health". The case is under trial in the Hon'ble JFCM Court of Prathipadu in C.C. No. 403 of 2019.

(ii). Crime No. 76 of 2018, dated 20.02.2018 of Prathipadu Prohibition & Excise Station under Section 7(A) read with 8(e) of A.P. Prohibition (Amended) Act, 1997.

On 20.02.2018, at about 6:00 p.m., the Prohibition and Excise Sub Inspector, Prathipadu in presence of mediators found you with a mica bag near bus stand in Prathipadu village limits of Prathipadu Mandal. On examination, the mica bag found with one polythene cover with 10 Its of ID liquor. On enquiry, you revealed that you distilled the ID liquor in Pedasankarlapudi village limits, distributing the same to the ID sellers to gain profit. You also confessed and explained how you escaped from the Prohibition and Excise Station, Prathipadu on 02.02.2018. Then the Prohibition & Excise Sub Inspector arrested you, drawn 300 ml of ID liquor into one clean bottle for analysis purpose as sample, sealed the sample bottle and the mica bag with polythene covers containing remaining I.D. liquor, affixed identity slips and seized entire property under cover of a mediators report drafted at the place of offence and registered the mediator's report as F.I.R. in crime No. 76 of 2018 under Section 7(A) read with 8(e) of A.P. Prohibit