THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.18814 of 2009 Date: 22.10.2009 Between : Devasoth Ramesh … Petitioner and The Collector and District Magistrate, Hyderabad District, Hyderabad and others. … Respondents THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.18814 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard C. Damodar Reddy, learned counsel appearing for the petitioner, as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The present Writ of Habeas Corpus is filed by the petitioner seeking production of his father viz., Sri Devasoth Govinda, s/o. Ramchander, resident of Plot No.126, Bhagath Singh Nagar, Uppuguda, Hyderabad, who is detained in Central Prison, Cherlapally, pursuant to the detention order, dated 6.4.2009, in Proc.No.B2/63/2009/ESD, passed by the 1st respondent- Collector and District Magistrate, Hyderabad, and G.O.Rt.No.2062, General Administration (Law & Order.II), dated 1.5.2009, passed by the 2nd respondent-Chief Secretary to Government, Government of Andhra Pradesh, Hyderabad, before this Court and to release him, forthwith. 3. The father of the petitioner was allegedly involved in trafficking of illicit liquor and taking into account of his frequent involvement in the said activity, the competent authority i.e., the Collector and District Magistrate, Hyderabad District, the first respondent herein, exercising the jurisdiction conferred under Section 3 (1) read with Section 2 (a) and (b) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas and Immoral Traffic Offenders and Land Grabbers Act, 1986 passed the order of detention, dated 6.4.2009, and eventually the Government had passed final order vide G.O.Rt.No.2062, General Administration (Law & Order.II) Department, dated 1.5.2009, confirming the order passed by the competent authority, and as a result of which the detenu was directed to be detained for a period of 12 (twelve) months from the date of his detention i.e., 7.4.2009. Aggrieved by the same, the petitioner has filed the present writ petition seeking production of the detenu and to release him, forthwith. 4. Admittedly, the impugned order of detention, dated 6.4.2009, was passed taking into account five instances, which are related to Excise related offences, said to have been committed by the detenu under Section 7(A) read with Section 8 (e) of A.P. Prohibition Act, 1995 viz., (1) COR.No.337/2008-09, dated 15.12.2008; (2) COR.No.352/2008-09, dated 25.12.2008; (3) COR.No.383/2008-09, dated 11.1.2009; (4) COR.No.394/2008-09, dated 19.1.2009; and (5) COR.No.451/2008-09, dated 28.2.2009. Therefore, in view of the frequent involvement of the detenu in disseminating illicitly distilled liquor, which is not only injurious to health, but also unfit for human consumption, as opined by the Experts, after giving sufficient opportunity to the detenu to represent his case as contemplated under Article 22 (5) of the Constitution of India, the 2nd respondent through G.O.Rt.No.2062, dated 1.5.2009, had confirmed the order of detention passed by the 1st respondent. 5. For the foregoing, we do not find any illegality or irregularity in the impugned order passed by the 1st respondent and the consequential order passed by the 2nd respondent confirming the said order of detention. Therefore, the writ petition is liable to be dismissed as devoid of merits. 6. In the result, the writ petition is dismissed, at the stage of admission. No order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE R.KANTHA RAO 22.10.2009. Msr THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 18814 of 2009 22.10.2009 (Msr)