HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION Nos. 6298 AND 12900 OF 2011 Between: G.Chandra Obul Reddy …. Petitioner and The Collector and 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 Nos. 6298 AND 12900 OF 2011 COMMON ORDER :- (per AGR, J) These two writ petitions have been heard together because they arise out of identical fats and raise common issues of law and are disposed of by this common order. W.P.No.6298 of 2011:- 1. The brother of writ petitioner-Gangireddy Rajesh Kumar Reddy @ Kazipet Chinna (hereinafter referred to as, “detenu No.1”) was detained by virtue of an order of detention, dated 28.01.2011, made under Section 3(1) & (2) read with Section 2(a) & (b) 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), by the District Collector and District Magistrate-1st respondent. The grounds of detention, also of the same date, were duly served on the detenu. The detention order is also approved by the Government in G.O.Rt.No.471, General Administration, (Law & Order-II) Department, dated 03.02.2011. Challenging the detention order, the above writ is filed for issuing a direction to the respondents to produce the detenu No.1 detained in Central Prison, Cherlapalli and to release him forthwith. 2. Briefly stated the alleged activities of the detenu No.1 as set out in the grounds of detention, dated 28.01.2011, are that prior to the detention, the alleged detenu No.1 was arrested in the following offences by the Divisional Forest Officer, Flying Squad (RS) Division, Kadapa, YSR District. ( 1) O.R.No.195/2009-10, dated 10.02.2010, of FSP Kadapa Range:- On 10.02.2010 at about 05:00 A.M., the Forest Range Officer, Flying Squad Party, Kadapa received information about illicit felling and transportation of Redsanders wood from Pattur beat of Proddatur Range of Proddatur Division and made search from 07:00 AM to 10:00 AM at Gopalabavi, Kothabavi, Pasuvuladoddi and Yemukalagundalu, surrounded the bullock cart with full load of Red sanders and caught hold of three persons while other two persons ran away from the scene of offence. The Forest Officials have taken the said three persons i.e., 1) Kuchubabu Pullaiah, 2) Bukke Ramji Naik @ Bombai, and 3) Nellatur Vijay into custody, who disclosed the names of escaped persons. On enquiry they stated that Sriram Sreenivasulu, Gangireddy Rajesh Kumar Reddy @ Khajipet Chinna and Reddem Chandra Sekhar Reddy are the main persons who are giving finance and transportation facilities for entering into forests and felling the Red Sander trees and conversion into logs and they will pay Rs.30 per Kg. on bullock carts. The Forest Officials seized the Redsander logs and found 152 in number weighing 3621 Kgs. valued at Rs.1,95,534/-. The three accused were arrested under Section 53 of the Andhra Pradesh Forest Act, 1967 (for brevity, “the Act”) and the Forest Officials seized the Red Sander Logs, registered the crime against eight persons and booked offence case in P.O.R.No.4 of 2001 on 10.02.2010 under Section 20(1)(c)(iii), 20(1)(c)(vi) and (x), 29(2)(b) of the Act and Rule 3 of A.P.Red Sanders and Sandal wood Transit Rules, 1969 (for brevity, “the Rules”) and under Sections 378 and 120B IPC. ( 2 ) O.R.No.41/2010-11, dated 17.07.2010 of FSP Rayachoty Range:- On 17.07.2010 at about 08:00 AM, the Forest Section Officer, on suspicion stopped a TATA SUMO bearing No.AP 09 TV 3454, which was coming from Kadapa and found some Red sander logs inside and caught hold of the driver, but the other two persons were escaped. On enquiry, the driver informed that the owner of the vehicle and produce as Gangi Reddy Anki Reddy and the detenu No.1; that the material is brought from the forest area near Kannelavagu Cheruvu locality of Pattur beat of Proddatur Range and loaded the sandals on 16.07.2010 night in two Sumos in the presence of detenu No.1 and his brother Anki Reddy, who are A1 and A2. The officials took measurements of the Red Sander Logs and found that they were 16 in number, weighing 132 Kgs., valued at Rs.7,524/- and booked an offence case vide P.O.R.No.9/1192, dated 17.07.2010 for the offences under Sections 20(1)(c)(iii), (vi) and (x) and Section 29(2)(b) of the Act and Rule 3 of the Rules against four persons. (3) O.R.No.116/2010-11, dated 13.11.2010 of FSP, Kadapa Range:- On 13.11.2010 at about 02:00 PM, the Forest Range Officer, Flying Squad Party, Kadapa on receiving the information about the illicit felling and transportation of Redsanders wood from Pattur beat area, laid a watch at Kannelavagu Cheruvu near T.G.P.Canal at 03:30 PM, they observed the sounds of the vehicle from the Forests and immediately proceeded towards the sound and observed a vehicle coming from the Forest towards Road side followed by an escort Motor Cycle. When it reached, they surrounded the vehicle and caught hold of two persons and the person who is driving the motorcycle escaped from the scene. The persons who caught hold of along with the vehicle revealed the name of the escaped person who travelled along with them as Gangi Reddy Rajesh Kumar Reddy @ Khajipeta Chinna. All the three engaged labour for felling trees, converting into logs and stocked at the convenient place. During transportation after loading the vehicle, the detenu No.1 will escort with a Motor Cycle and passed information through the cell phones. The vehicle which was abandoned and found Red Sander Logs was Mahendra Maxi registered as AP 21 X 0811. The Forest Officials counted the logs and found that they were 35 in number weighing 1092 Kgs., valued at Rs.62,244/- and the offence was booked in P.O.R.No.2/358, dated 13.11.2010, for the offences under Sections 20(1)(c)(iii), (vi) and (x) and Section 29(2)(b) of the Act and Rule 3 of the Rules against three persons. A1 and A2 were arrested and sent for remand, whereas the detenu No.1 who was arrayed as A3 was absconding. (4) O.R.No.117/2010-11, dated 13.11.2010 of FSP, Kadapa Range:- On 13.11.2010 at about 05:00 PM, on receiving the information about the illicit felling and transportation of Redsanders wood from Pattur beat area of Proddatur Range of Proddatur Divisiona, the Forest Range Officer and his staff proceeded from Kadapa to Kannelavagu Cheruvu near via Chennur and Pattur by Government vehicle at about 06:00 PM and observed some sounds from the Forests. The Forest Officials proceeded towards Forests and observed a Tata Sumo vehicle coming from the Forest Road side and stopped it. Thereby, the driver along with another person who was travelling in the vehicle jumped and tried to escape from the scene of offence, abandoning the vehicle. The Forest Officials immediately chased the escaped persons and they caught one person out of two persons, who revealed his identity as Aarem Sudharshan Kumar and the name of the escaped person as Gangi Reddy Rajesh Kumar Reddy @ Khajipeta Chinna, i.e., the detenu No.1. The Forest Officials verified the Tata Sumo and found that its contents are Redsander Logs. They counted the redsander Logs and found that they were 10 in number weighing 306 Kgs., valued at Rs.17,442/-. Then the Forest Range Officer arrested the accused, seized the 10 Redsander Logs together with the Tata Sumo vehicle bearing No.AP 09W 7650 and registered the offence in P.O.R.No.2/359, dated 13.11.2010, for the same offences. ( 5) O.R.No.139/2010-11, dated 26.11.2010 of FSP, Kadapa Range:- On 26.11.2010 at about 10:00 AM, on receiving the information about the illicit felling and transportation of Redsanders wood from Kannelavagu Cheruvu locality of Pattur beat area of Proddatur Range of Proddatur Division, the Forest Range Officer and his staff proceeded from Kadapa to Kannelavagu Cheruvu near via Chennur and Pattur by a Government vehicle at about 11:30 PM and observed that some persons are carrying Redsander logs. Then the Forest Officials surrounded the persons and caught hold of two persons, while some of the persons ran away from the scene of offence. On enquiry with the persons who took them into custody, they disclosed their names and the names of the escaped persons. They also deposed that about 25 persons entered into forests, felled the Red Sander trees, converted into logs and transported the Red Sander Logs by bullock carts of Chinna Reddy Bala Gangi Reddy under the supervision and financed by the detenu No.1 and the said persons have shown the R.S.Logs brought by them. Later the Forest Officials counted the Redsander logs and found that they were 21 in number, weighing 732 Kgs., valued at Rs.41,724/-. They arrested the accused; seized the Red Sander Logs and booked the offence vide P.O.R.No.2/382, dated 26.11.2010, for the same offences against eight persons. (6) O.R.No.197/2010-11, dated 27.01.2011 of FSP, Kadapa Range:- On 27.01.2011 at about 05:00 AM, on receiving the information about the illicit felling and transportation of Redsanders wood from Kannelavagu Cheruvu locality of Pattur beat area of Proddatur Range of Proddatur Division, the Forest Range Officer and his staff proceeded from Kadapa to Kannelavagu Cheruvu near via Chennur and Pattur by a Government vehicle at about 06:00 AM, they heard a sound and proceeded towards the sound and found two persons behind the bushes. Then the Forest Officials surrounded the persons and caught hold of one person while some of the persons ran away from the scene of offence. On enquiry with the person who was taken into custody, he disclosed his name as Gangi Reddy Rajesh Kumar Reddy @ Khajipeta Chinna, i.e., the detenu No.1 and the name of the escaped person. He also deposed that they came there for illicit transport of Red sanders and showed the Redsanders logs kept behind the bushes. The Forest Officials arrested the accused; seized the Redsander logs and booked the offence vide P.O.R.No.2/112, dated 27.01.2011, for the same offences against three persons. (7) Crime No.189 of 2009, dated 19.11.2009, of Khajipet Police Station:- The authorities of Khajipet Police Station arrested Gangi Reddy Rajesh Kumar Reddy @ Khajipeta Chinna, i.e., the detenu No.1 on 19.11.2009 along with another accused for indulging in illicit transportation of 35 red sander logs in TATA Sumo No.AP 4G 7673 and was produced before the Judicial First Class Magistrate for remand on 01.12.2009. After due enquiry, a charge sheet was filed against him along with six others under Sections 324, 347, 384, 506 and 34 of IPC and Section 29 of the Act and Section 30(ii) of the A.P.Forest Rules. 3. In all the seven cases, the Red Sander Logs were seized from the possession of the accused and the prosecution orders have been issued by the Divisional Forest Officer against the detenu No.1 a n d all the material was placed before the Collector and District Magistrate, Y.S.R. Kadapa District. 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 the detention of the detenu No.1 until further orders and be lodged in Central Prison, Cherlapally, Ranga Reddy District, by the impugned order. The Government in its order in G.O.Rt.No.471, General Administration (Law & Order) Department, dated 03.02.2011, in exercise of the powers under sub-Section (3) of Section 3 of the Act 1/1986, 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 1/1986, which, after hearing the detenu No.1, 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 No.1. 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.893, General Administration (Law & Order.II) Department, dated 03.03.2011, confirmed the order of detention and directed that the detention of the detenu No.1 be continued for a period of 12 months from the date of his detention i.e. 29.01.2011. Hence this writ of Habeas Corpus has been filed by the brother of the alleged detenu No.1 contending that the forest officials have registered the offences not only under the Act, but also under Section 378 and 120B IPC and the officials of the Forest Department has no power to register the case for the offences punishable under the Indian Penal Code, which has been done only to bring the case within the meaning of ‘Goonda’, as defined under Section 2(g) of the Act 1 of 1986. The 7th incident referred in the grounds of detention is a stale incident, which took place on 19.11.2009, whereas the detention order is passed on 28.01.2011, which cannot be relied upon for passing the order of detention as it has no nexus with the date of passing of detention order. The detention order was passed on 28.01.2011, whereas the last incident took place on 27.01.2011, when the alleged detenu No.1 was already in custody. It is highly difficult to believe that the officials would have placed all the material in respect of the incident in O.R.No.197/2010-11 before the detaining authority, who have passed the detention order. The detenu No.1 could not make an effective representation as the documents supplied to him are not in the language known to him. The translated copies of the documents were not furnished to him along with the papers supplied to him. Some of the documents furnished to the detenu No.1 are illegible. Therefore, the detenu No.1 could not make an effective representation. The petitioner was granted bail in the 7th incident and it was mentioned in the grounds of detention and the same was deliberately suppressed by the sponsoring authority with a view to prejudice the District Collector and Magistrate to pass the detention order. Therefore, the same is liable to be set aside. 4. A detailed counter affidavit has been filed by the detaining authority reproducing the grounds of detention stating that in all the O.Rs, the detenu No.1 and the other accused were found in possession of the Red Sander Logs and on perusing the material produced by the sponsoring authority, he satisfied that the detenu No.1 shall be prevented from further indulging in similar offences in future. Pursuant to the order of detention, the detenu No.1 was taken into custody on 28.01.2011 and lodged at Central Prison, Cherlapally on 29.01.2011. At the time of taking into custody, the order of detention, grounds of detention and the material relied upon were served on the detenu No.1 in both the languages i.e., English and Telugu and the same was acknowledged by him. The detenu No.1 was duly informed that he has a right to make representation to the detaining authority, Chief Secretary to Government and Advisory Board complying the statutory mandate. The Government approved the order of detention in G.O.Rt.No.471, dated 03.02.2011, and placed the material before the Advisory Board in its meeting held on 24.02.2011. The Advisory Board after hearing the detenu No.1 and the investigating officer and after perusing the records, opined that there is sufficient cause for the detention of the detenu No.1. Basing on the recommendations of the Advisory Board, the Government issued G.O.Rt.No.893, General Administration (L&O.II), Department, dated 03.03.2011, confirming the order of detention for a period of 12 months from the date of his detention i.e., 29.01.2011. As there was theft of Redsander logs, the forest officials registered the offences under the Indian Penal Code and the Forest Laws. All the material including the material in O.R.No.197/2010-11 is also placed before the 1st respondent for arriving at subjective satisfaction for passing the order of detention against the detenu No.1. All the material placed before the 1st respondent are supplied to the detenu No.1 both in English and in Telugu i.e., known language to the detenu No.1 for making an effective representation. Further, the fact that the detenu No.1 was granted bail in the 7th incident was not mentioned in the grounds of detention. On enlarging the detenu No.1, subsequently he committed several offences in Kadapa and Rayachoty F.S.P.Ranges and thereafter the detention order was passed. W.P.No.12900 of 2011:- 5. The cousin of writ petitioner-Vanteru Suresh Reddy (hereinafter referred to as, “detenu No.2”) was detained by virtue of an order of detention, dated 01.04.2011, made under Section 3(1) & (2) read with Section 2(a) & (b) 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), by the District Collector and District Magistrate-1st respondent. The grounds of detention, also of the same date, were duly served on the detenu. The detention order is also approved by the Government in G.O.Rt.No.1516, General Administration, (Law & Order-II) Department, dated 11.04.2011. Challenging the detention order, the above writ is filed for issuing a direction to the respondents to produce the detenu detained in Central Prison, Cherlapalli and to release him forthwith. 6. Briefly stated the alleged activities of the detenu No.2 as set out in the grounds of detention, dated 01.04.2011, are that prior to the detention, the alleged detenu No.2 was arrested in the following offences by the Divisional Forest Officer, Flying Squad (RS) Division, Kadapa, YSR District. (1) F.I.R.No.70/2010, dated 18.09.2010, under Section 337 & 307 IPC of Veeraballi Police Station:- On 18.09.2010 at about 01:00 AM on information, the Forest Range Officer along with other staff and A.P.Police Venu Gopal and Katamaiah went on main road of Veeraballi village regarding transporting the Redsanders Logs. At Matli Yellampalli they noticed one 207 vehicle bearing No.AP 02W 2011 is proceeding from Veeraballi side and the Forest Range Officer, Rayachoty along with his staff tried to stop the vehicle, but the driver of the said vehicle drove the same in a rash and negligent manner with intention to kill the Forest Range Officer and the staff. The driver of the said vehicle dashed the patrolling vehicle during which the driver and another were present it fell down aside the road, the driver of the said vehicle and another fled away from the spot. The Forest Range officer sustained injury on his left knee and pains. On observation there were 27 logs of redsanders in the said vehicle and the same was seized under special proceedings. The Sub- Inspector of Police registered a case in F.I.R.No.70 of 2010, dated 18.09.2010, under Sections 337 & 307 IPC and took up investigation. (2) O.R.No.131/2010-11, dated 03.01.2011, of Kadapa Range:- On 03.01.2011 at about 04:00 AM, on receiving information about the illicit transportation of Redsander Logs by vehicle from Rayachoty to Kadapa Road the Forest Range Officer, Kadapa along with his staff proceeded from Kadapa to NTPC cross by Government vehicle and reached the spot at about 04:45 AM. At about 05:45 AM, the Forest officials observed the movement of one White Qualis Toyota vehicle which is coming from Maddimadugu side. The driver without stopping the vehicle moved very fastly towards Kadapa Road. Immediately, the Forest officials chased the vehicle upto 100 metres by which time the driver of the vehicle has stopped the vehicle and four persons who are sitting inside the vehicle ran away from the vehicle into the near by bushes. The forest officials tried to apprehend them, but they escaped. The forest officials counted the Redsanders logs; found that they are 33 in number, weighing 494 Kgs., valued at Rs.28,158/-; seized the same; registered the offence case vide O.R.No.131/2010-11, dated 03.01.2011, under Sections 20(i)(c)(iii), 20(i)(d)(i), 29(iv)(a)(i), 58 of the Act; Sec. 3 of the Rules, and under Section 379 IPC. (3) O.R.No.143/2010-11, dated 08.02.2011 of Kadapa Range:- On 08.02.2011 at about 05:00 AM, the Forest Range Officer, Kadapa on receiving information about the illicit transportation of Redsander logs by vehicle from the reserve forest, the Forest Range Officer, Kadapa along with his staff proceeded from Kadapa to Rasoolpalli by Government vehicle bearing No.AP 04 AE 1623 and reached the spot at about 05:40 AM. They observed the movement of one X-Turbo Omini Lorry Vehicle coming from Polathala side from Polathala road at about 05:45 AM, seeing the Forest officials the driver of the vehicle stopped 20 mts away on Rasoolpalli metal cross road and two persons get down the vehicle and ran away. During chasing the forest officials identified the two persons, of which one among them was the detenu No.2 and another. They verified the lorry and found the Redsanders logs are loaded in the said vehicle. They counted the Redsander logs and found that there are 15 in number, weighing 431 kgs, valued at Rs.24,567/-; seized them; registered the offence vide O.R.No.143/2010-11, dated 18.02.2011, for the same offences. (4) F.I.R.No.32/2011, dated 27.03.2011, under Section 379 IPC & Section 29(a)(i)(b) of the Act and Section 30(1) of the Forest Rules, Kadapa Police Station:- As per the instructions of the Superintendent of Police, Y.S.R. Kadapa District on 27.03.2011 about large scale transportation of illicit Red Sanders timber, the Inspector of Police and his staff along with Panchayathdars kept a watch at about 04:00 AM at built up junction on Kadapa-Kurnool NH 18 Road. The police on watch have noticed a person stopping Motor Cycle on seeing the Police at a distance and trying to return back. The police on suspicion have caught the said person. During interrogation at the site they have noticed another person riding motor cycle turning away and the Police have also apprehended. On 26.03.2011 as per the instructions of Suresh Naidu follower of Red sanders smuggler, Mahesh Naidu they have seen the Red sanders logs stock at Southern side of Nagsanipali village. The red sanders logs were loaded into Maruti Swift Car, Tata Indica Car, Scorpio, Tata 207 vehicle and Tractor. The police have detected 10 red sanders logs in the Maruti Swift car and 10 Redsander logs in Tata Indica car, 11 red sanders logs in Scorpio Vehicle, 50 red sanders logs in 207 vehicle and 69 red sanders logs in the trailer of the tractor, in total weighing 2857 Kgs. The police have registered F.I.R.No.32/2011, dated 27.03.2011, for the offence under Section 379 IPC and Section 29(2)(i)(b) of the Act and Section 30(i) of the Rules. (5) O.R.No.1/2011-12, dated 01.04.2012, of Kadapa Range:- On 31.03.2011 at about 09:00 PM the Forest Range Officer, Kadapa on receiving the information about the illicit transportation of Red Sanders logs by vehicle from Mutchukona Locality in Maddimadugu East beat of Kadapa range informed the same to the Assistant Beat Officer and instructed him to proceed to the above said area by Motor cycle. At about 10:00 PM the Assitant Beat Officer has informed him about the stock of illicit Red sanders logs in Muchukona Locality. Immediately, the Forest Range Officer has given instructions to the other staff of Kadapa range to surround the Muchukona locality and watch the surroundings and inform the movement of illicit transportation of Red sanders logs. At about 04:45 AM, the Forest officials observed that one mini lorry which is coming from Sugali Bidiki area to Red sander logs into the mini lorry which was already felled and stocked in bushes of Muchukona locality. At about 05:20 AM i.e., at the time of covering of redsanders logs with tar pal one Tata Indica Car has reached the Muchukona locality and two persons get down the said car and discussion with the persons who loaded the redsander logs into the mini lorry. Then as per the instructions of the Forest Range Officer, Kadapa the forest officials tried to catch them but on seeing them the accused ran away from the scene into nearby forest. Two persons tried to run away from the scene by Tata Indica Car, but the forest officials surrounded the car and caught hold of them. The Forest officials verified the Red sander logs in the lorry and found that they are 52 in number, weighing 1591 kgs., valued at Rs.90,687/- and registered the case in O.R.No.1/2011-12, dated 01.04.2012 for the