HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 15775 of 2011 Between: V.Vitalaksha Naidu …. Petitioner and The Collector & District Magistrate, Kadapa and others …. Respondents This court made the following: HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.15775 of 2011 ORDER :- (per AGR, J) This writ petition has been filed by the elder brother of Valleru Suresh Naidu (hereinafter referred to as “the detenu”), who is detained by virtue of an order of detention, dated 01.04.2011, made under Section 3(1) & (2) read with Section 2(a) & (g) of A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1 of 1986), as confirmed by the Government in G.O.Rt.No.1775, General Administration, (Law & Order.II) Department, dated 29.04.2011, for issuing a direction to the respondents to produce the detenu detained in Central Prison, Cherlapally and to release him forthwith. 2. Briefly stated the alleged activities of the detenu as set out in the grounds of detention, dated 01.04.2011, are that prior to the detention, the alleged detenu was arrested in the following cases booked by the Divisional Forest Officer, Kadapa, YSR District. 1. OR.No.131/2010-11 dated 03.01.2011 of Kadapa the alleged detenu was charged for the offences under Section 20 (1) (c) (ii) (iii)(vi)(x) of A.P. Forest Act, 1967 (for brevity, “the Act”) and read with Rule 3 of the A.P. Sandal wood and Red Sander Wood Transit Rules, 1969 (for brevity “Rules”) and under Section 379 IPC. 2. OR.No.148/2010-11, dated 19.02.2011 of Kadapa the alleged detenu was charged for the offences under Section 20 (1) (c) (iii), 20(i)(d)(i) and Section 29(iv)(a) of the Act and Section 379 IPC. 3. FIR.No.32/2011, dated 27.03.2011, of Kadapa Police Station, the alleged detenu was charged for the offences under Section 3790 IPC and Section 29(a)(i)(b) of the Act and Section 30-(i) of the A.P.Forest Rules. 4. OR.No.1/2011-12, dated 01.04.2011 of Kadapa Range, the alleged detenu was charged for the offences under Section 20 (1) (c) (ii) (iii) (vi) and (x) and Section 29(2)(b) Act and read with Rule 3 of Rules and under Section 379 IPC. 3. In all the above cases, it is alleged that the detenu is the main culprit organising the red sander trees from the nearby forest areas owned by the Government; providing finance for felling of the trees; transporting the illegal red sanders wood to the loading point besides engaging vehicles; and hiring of key persons for supply to the main smuggler, who in turn transports the same to other destinations and countries. When the detenu was apprehended in the 4th crime on 01.04.2011 and when he was escaping the arrest in the three cases registered earlier, the prosecution orders have been issued by the Divisional Forest Officer, Kadapa against the detenu and others. The Collector and District Magistrate, Kadapa District in exercise of the powers vested in him under sub-sections (1) and (2) of Section 3 of the Act 1/1986 ordered for his detention until further orders and be lodged in Central Prison, Cherlapally, Ranga Reddy District, by the impugned order. The Government in their order in G.O.Rt.No.1514, General Administration (Law & Order.II) Department, dated 11.04.2011, in exercise of the powers conferred under sub-Section (3) of Section 3 of the Act 1 of 1986, accorded approval to the order of detention passed by the Collector. Thereafter, the Government referred the matter to the Advisory Board constituted under Section 9 of the Act 1 of 1986, which after hearing the detenu, the Investigating Officers and after perusing the connected records made available to it, opined that there is sufficient cause for the detention of the detenu, Valleru Suresh Naidu. The Government after taking into consideration the report of the Advisory Board and the material available on record, in exercise of the powers conferred under sub-section (1) of Section 12 r/w 13 of the Act 1/1986, through G.O.Rt.No.1775, General Administration (Law & Order.II) Department, dated 29.04.2011, 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 i.e. 02.04.2011. Challenging the said detention order, this writ of Habeas Corpus has been filed by the elder brother of the alleged detenu. 4. Learned counsel for the petitioner and the learned Government Pleader for the respondents fairly conceded that this court in the similar facts and circumstances in W.P.No.6298 and 12900 of 2011, dated 27.06.2011, quashed the detention order passed by the detaining authority-2nd respondent and following the same, this writ petition has to be allowed by quashing the detention order. 5. Following the judgment as referred to above and for the reasons stated therein, this writ petition is allowed and the detention order passed by the Collector & District Magistrate, Kadapa, as confirmed by the Government in G.O.Rt.No.1775, General Administration (Law & Order-II) Department, dated 29.04.2011, is hereby quashed. The detenu Valleru Suresh Naidu, son of Narsimhulu Naidu, is set at liberty forthwith, if he is not required in any other case. ________________ A. GOPAL REDDY, J _____________ RAJA ELANGO, J July 6, 2011 Lmv HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 15775 of 2011 Date: 29 - 06 - 2011 lmv