JUDGEMENT
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(1.)The cousin of the detenu Sri Rayuda Vishnu Murthy @ Vishnu s/o Suryanarayana, filed this writ of habeas corpus seeking his release and to declare his detention as illegal.
(2.)The Collector and District Magistrate, East Godavari District, made an order of detention under Section 3(1) & (2) read with Section 2(a) & (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1 of 1986) (for brevity the Act) for his detention in Central Prison, Rajahmundry from the date of service of the said order. The detention order was served on the detenu on 27.4.2010. The Advisory Board constituted under Section 9 of the Act revived the order of detention and opined that there is sufficient cause for detention of the detenu and pursuant to the said report of the Advisory Board and the material available on record, the Government in exercise of the powers conferred under Sub-section (1) of Section 12 read with Section 13 of the Act, confirmed the order of detention and directed that the detention of the detenu be continued for a period of 12 months from the date of his detention. Thus, the order of detention was approved by the first Respondent -Government and GO Rt. No. 2342 General Administration (Law and Order) Department, dated 12.5.2010 came to be issued. Questioning the same, the present writ petition is filed.
(3.)The detention order is made on the ground that the detenu has involved himself in committing the offence of possessing, transporting, selling and distributing the illicit distilled liquor in contravention of Section 7-A and 8(e) of the Prohibition (Amendment) Act, 1997 and also abetted the commission of the said illegal activities and thus he is a bootlegger and that the activity of said bootlegger is directly causing and calculated to cause widespread danger to public order, public health and a feeling of insecurity in the locality of Nadipudi village of Amalapuram Mandal and its surrounding areas, as evident from the records placed before him in Gr. No. 217 of 2006-07 dated 27.3.2007, (2) Cr. No. 99/2007-2008 dated 11.9.2007, (3) Cr. No. 88/2009-10 dated 16.8.2009, all on the file of the Prohibition and Excise Station, Amalapuram and (4) Gr. No. 9/2010-11 dated 26.1.2010 of P.S. Ambajipeta. Thus it is stated that the activities of the detenu/bootlegger are affecting and also likely to affect adversely the maintenance of public order in the said area. In view of the aforesaid material placed before the third Respondent and on the information that the said detenu is acting and calculated to act in a manner prejudicial to the maintenance of public order and as it is necessary to prevent him from acting further, the said order of detention is passed.
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