P.Sathasivam, J. - (1.) Leave granted.
(2.) The Appellant, who is the brother-in-law of R. Sreenivasulu-the detenue, has filed this appeal against the judgment and final order dated 08.04.2011 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in a writ of Habeas Corpus being Writ Petition No. 65 of 2011 whereby the High Court dismissed his petition holding that the order of detention of R. Sreenivasulu passed by the Collector and District Magistrate, Kadapa, Y.S.R. District, in Ref. No. 670/M/2010 dated 12.11.2010 is not illegal.
(3.) Brief Facts: a) According to the prosecution, the detenue was found to be involved in felling, transporting, smuggling of red-sanders trees and committing theft of forest wealth in as many as eight times within a period of one year. The cases registered against him disclose his activities. They are: (i) OR No. 130/2009-10- dated 22.02.2010: On 22.02.2010, on receiving information at 06:00 a.m., Forest Range Officer and Deputy Range Officer Rayachoty, alongwith other staff proceeded to Masineni Kanuma locality of Palakonda Reserved Forest in Saraswathipalli Beat and noticed 3 persons lifting and storing red-sanders wood and preparing to transport the same. On seeing the Forest officials, they ran away from the scene of offence and could not be apprehended. Later, they were identified and one among them was the detenue. Thereafter, the Forest officials seized 30 red-sanders logs weighing 844 kgs. worth Rs. 45,576/-. An offence was registered against them vide P.O.R. No. 6 dated 22.02.2010 under Section 20(1)(c)(ii) of the A.P. Forest Act, 1967 (hereinafter referred to as "the A.P. Act") for trespassing in Reserved Forest, under Section 20(1)(c)(iii) of the A.P. Act for causing damage by willfully cutting trees and dragging the same, under Section 20(1)(c)(vi) and (x) of the A.P. Act for collection and removal of red-sanders timber and under Section 29(2)(b) of the A.P. Act read with Rule 3 of the A.P. Sandal Wood and Red Sanders Transit Rules, 1969 (in short "the Rules") for transportation of red-sanders timber without permit and without any Government Transit Mark and for theft of red-sanders timber from Reserved Forest under Section 378 of the Indian Penal Code, 1860 (in short "Indian Penal Code") and for criminal conspiracy under Section 120B Indian Penal Code. (ii) OR No. 01/2010-11 dated 01.04.2010 On 01.04.2010, on receiving information at 7.30 a.m., the Deputy Range Officer, Forest Beat Officers and Assistant Beat Officer proceeded to the localities in Gudukonda and Pathikona and noticed the movement of the detenue and two others who escaped from the scene of the offence and later the detenue was identified and crime was registered against him vide P.O.R. No. 16 dated 01.04.2010 under various sections of the A.P. Act and the Rules and also under Sections 378 and 120B Indian Penal Code. (iii) OR No. 02/2010-11 dated 03.04.2010 On 02.04.2010, the Forest Range Officer, Rayachoty along with other staff stopped a vehicle carrying 20 redsanders logs. The detenue along with two others escaped from the vehicle but the Forest officials apprehended the driver of the vehicle and a crime was registered vide P.O.R. No. 17 dated 03.04.2010 against them for an offence under various sections of the A.P. Act and the Rules and also under Sections 378 and 120B Indian Penal Code. iv) OR No. 13/2010-11 dated 11.05.2010 and PS Crime No. 40/10 On 08.05.2010, on receiving a complaint regarding smuggling of red-sanders logs, while doing routine vehicle check, the Inspector of Police, L.R. Palli along with other staff stopped two vans and caught hold of four persons and seized red-sanders logs from the above two vehicles and on the basis of their information a crime was registered by Galiveedu Police Station in Crime No. 40/2010 for an offence under various sections of the A.P. Act and the Rules and also under Sections 379 Indian Penal Code against 14 accused persons in which detenue was shown as 12th accused. (v) OR No. 18/2010-11 dated 23.05.2010 On the intervening night of 22.05.2010, the Forest Officer, Rayachoty along with other staff caught-hold of detenue along with other persons and seized 32 red-sanders logs weighing 794 kgs. and a crime was registered vide P.O.R. No. 20 dated 23.05.2010 against them under various sections of the A.P. Act and the Rules. (vi) FIR No. 46/10 dated 27.05.2010 and OR No. 20/2010-11 dated 30.05.2010 On 27.05.2010, the Inspector of Police, Rayachoty Rural Circle and Sub-Inspector of Police, Veeraballi P.S. along with their staff noticed one Indica Car followed by a lorry from Ragimannudivanpalli. On seeing them, the occupants tried to run away and the police chased and caught-hold of two persons while one person escaped. The lorry was found loaded with 25 red-sanders logs. On interrogation, they informed that the detenue was escorting them and he ran away from the scene. The police registered a case in FIR No. 46/10 dated 27.05.2010 under Section 379 Indian Penal Code and Section 29A(1) of the A.P. Act read with Rule 3 of the Rules. The Forest Range Officer, Rayachoty also booked a case vide POR No. 20/2010-11 dated 30.05.2010. (vii) FIR No. 75/10 dated 03.10.2010 and OR No. 60/2010-11 dated 04.10.2010 On 03.10.2010, the Inspector of Police, Rayachoty Rural Circle and Sub-Inspector of Police, Veeraballi P.S. along with forest officials proceeded to Teacher Narayana Reddy Mango Garden located at Peddamadiga Palli Village, hamlet of Vongimalla and found four persons removing red-sanders logs from the bushes. On seeing them, three persons escaped and the police could apprehend only one person who informed that the detenue was also involved in taking away the logs three times in his vehicle. The police registered a case in Crime No. 75/10 under Section 379 Indian Penal Code and Section 29 of the A.P. Act read with Rule 3 of the Rules and the Forest Range Officer also booked a case vide POR No. 60/2010-11 dated 04.10.2010. (viii) Crime No. 92/10 On 09.10.2010, the Sub-Inspector of Galiveedu and Veeraballi, C.I.L.R. Palli along with staff and panchayatdars while proceeding towards the forest found one Tata Sumo and a Ford Ikon car carrying 36 red-sanders logs. When the occupants tried to escape, the police caught hold of them. One among them was the detenue. The police seized the vehicles and registered Crime No. 92 of 2010 under Section 379 Indian Penal Code and Section 29 of the A.P. Act read with Rule 3 of the Rules. (b) Thereafter, on 10.11.2010, the detenue was released on bail and he was immediately arrested and order of detention was served on 12.11.2010 by the Collector and District Magistrate, Kadapa, Y.S.R. District under Sections 3(1) and 2 (a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (in short "the 1986 Act") stating that the activities of the detenue are dangerous to forest wealth and forest eco-system and are prejudicial to the maintenance of public order. (c) The General Administration (Law and Order II) Department of the Government of A.P., in G.O. Rt. No. 5657, dated 20.11.2010, approved the order of detention and he was sent to Cherlapalli Jail on 13.11.2010. Again on 22.12.2010, Government of A.P. confirmed the order of detention by directing to continue the detention for a period of 12 months from the date of detention i.e. from 13.11.2010. (d) In January, 2011, challenging the detention order passed by the Collector and District Magistrate, Kadapa, Y.S.R. District, dated 12.11.2010, the Appellant herein - brother-inlaw of the detenue, filed W.P. No. 65 of 20011 before the High Court for issuance of writ of Habeas Corpus. By impugned order dated 08.04.2011, the High Court dismissed the petition holding that the order of detention is not illegal. Aggrieved by the said order, the Appellant has filed this appeal by way of special leave petition before this Court. ;