DASA KAVITHA Vs. STATE OF A P
LAWS(APH)-2020-11-80
HIGH COURT OF ANDHRA PRADESH
Decided on November 19,2020

Dasa Kavitha Appellant
VERSUS
STATE OF A P Respondents

JUDGEMENT

RAKESH KUMAR,J. - (1.)The petitioner, who is wife of detenu namely Dasa Sekhar, has approached this Court by filing the present Petition, under Article 226 of the Constitution of India, with a prayer to issue writ of Habeas Corpus directing the authority to produce the detenu and also prayed to set him free forthwith, by declaring the detention order, dated 27.07.2020, vide Rc.C1/85/M/2020, passed by the Collector and District Magistrate, Krishna District at Machilipatnam, respondent No.2 herein, which was approved by the State of Andhra Pradesh through its Chief Secretary (General Administration (SC.I) Department, in G.O.RT. No.1228, dated 06.08.2020, respondent No.1 herein, as illegal, arbitrary and unconstitutional.
(2.)Short fact of the case is that on 27.07.2020 vide Rc.C1/85/M/2020, the Collector and District Magistrate, respondent No.2, in exercise of power conferred upon him under Sub-Section 2 of Section 3 read with Sub-Section 1 of Section 3 of Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'the Act of 1986') read with G.O.Rt. No.1004, General Administration (SC-I) department, dated 18.06.2020, of the Government of Andhra Pradesh, ordered for detention of Sri Dasa Sekhar, husband of the petitioner, in Central Prison, Rajahmahendravaram, East Godavari District. The said order was passed in view of proposal sent by the Superintendent of Police, Krishna. At the time of passing of order dated 27.07.2020, respondent No.2, in its order, had noticed that the detenu was in judicial remand at Nandigama, Sub-Jail, Krishna District. It was recorded that the detenu was a potential habitual Gutkha trader and he used to procure banned Gutkha and Khainies from bordering states in bulk quantity and selling the same in and around Nandigama Sub-Division area. It was considered that the said act was negligent and malignant, likely to harm and was dangerous to public life and also in disobedience to quarantine rule as it was noxious food. The order, dated 27.07.2020, passed by respondent No.2, is reproduced herein below:
JUDGEMENT_80_LAWS(APH)11_2020_1.html

(3.)The aforesaid order makes it clear that the grounds of detention order would be communicated to the detenu. In the Writ Petition it has been pleaded that certain offences were referred in the grounds of detention, which were said to be communicated to the petitioner and same are referred to herein below:
"1. Crime No.36/2016 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 420, 418 R/w.34 IPC and Section 5 and 22 of COTPA Act - Acquitted.

2. Crime No.153/2016 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 420, 418 R/w.34 IPC and Section 5 and 22 of COTPA Act - Convicted.

3. Crime No.268/2018 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 328 R/w.34 IPC and Section 5 and 22 of COTPA Act - Quashed.

4. Crime No.50/2019 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 420, 418 R/w.34 IPC and Section 5 and 22 of COTPA Act - Acquitted.

5. Crime No.59/2019 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273 R/w.34 IPC and Section 5(1) and 22 of COTPA Act - Acquitted.

6. Crime No.107/2019, U/s.110-E Cr.P.S. (CON).

7. Crime No.214/2019 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273 R/w.34 IPC and Section 5 and 22 of COTPA Act and Section 8(c) R/w.20(b)(ii) of NDPS Act - Acquitted.

8. Crime No.309/2019 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 420, 418 R/w.34 IPC and Section 5 and 22 of COTPA Act - (Quashed copy of the order filed).

9. Crime No.347/2019 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 420, 418 R/w.34 IPC and Section 5 and 22 of COTPA Act - Quashed.

10. Crime No.373/2019 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 406, 420 R/w.34 IPC and Section 5 and 22 of COTPA Act - Quashed.

11. Crime No.241/2020 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 406, 420 R/w.34 IPC and Section 5 and 22 of COTPA Act - (UI) not correct - (Quashed copy filed).

12. Crime No.717/2020 on the file of PS., Kanchikacherla registered for the offences under Sections 269, 270, 271, 273, 328 R/w.34 IPC and Section 5 and 22 of COTPA Act - (UI) - Not correct quashed copy filed.

13. Crime No.745/2020 on the file of PS., Kanchikacherla registered for the offences under Sections 328, 269, 270, 273 R/w.34 IPC and Section 5(1) and 22 of COTPA Act and Section 8(c) R/w.20(b)(c) of NDPS Act - (UI) (Now pending in the High Court for quashing)".

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