- (1.) IN this Writ Petition, the petitioner Ghantasala narasimha Rao, cousin brother of the detenu-Ghantasala Venkateshwara Rao @ venkanna S/o Venkata Swamy, has challenged the order issued by the Government in g. O. Rt. No. 6336, General Administration (Law and order II) Department dated 4-11-2008 confirming the order of detention passed against his cousin brother by the collector and District Magistrate, Krishna District, Machilipatnam dated 5-10-2008 under Section 3 (1) (2) read with Section 2 (a) (b) of the A. P. Prevention of dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act 1 of 1986' ).
(2.) BRIEFLY stated the alleged activities of the detenu as set out in the grounds of detention dt. 5-10-2008 are that prior to the detention, the alleged detenu was arrested in the following cases booked by the Prohibition and Excise Officials of West Godavari District. 1]. Cr. No. 310/2007-2008 dt. 15-1-2008 of Prohibition and Excise Station, Eluru, west Godavari District, the alleged detenu was found to have been in possession of 20 litres of illicitly distilled liquor in four plastic covers with white polythene bag. 2]. Cr. No. 6/2008-2009 dt. 23-4-2008 of Prohibition and Excise Station, mandavalli involving 10 litres of illicitly distilled liquor in a black plastic can. 3]. Cr. No. 18/2008-09 dt. 22-6-2008 of Prohibition and Excise Station, Mandavalli, wherein the detenu was alleged to have been in possession of 35 litres of illicitly distilled liquor in black plastic can.
(3.) IN all the above cases, the detenu was found to be in possession and transporting illicitly distilled liquor, which are injurious to health and unfit for human consumption, in contravention of the provisions of the A. P. Excise Act, 1968. In all the cases, contraband was seized and samples were drawn and sent for chemical examination to the Government Chemical examiner, Prohibition and Excise, Kakinada. As per the chemical analysis reports, it was found that all the samples drawn from the seized contraband was found to be "illicitly distilled liquor, unfit for human consumption and injurious to health".;