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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
The A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug
Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act,
1986 (Act No.1 of 1986) – Order of detention made by the Collector &
District Magistrate, West Godavari District, Eluru in respect Sri Mahankali
Simhachalam, S/o. Sambaiah, aged 55 years. R/o. Benarjipeta of
Eluru Mandal, West Godavari District - Confirmed – Orders – Issued.
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GENERAL ADMINISTRATION (LAW & ORDER.II) DEPARTMENT
G.O.Rt.No.1531 Dated:03-04-2012
Read the following:-
1. Order of detention in Proc Rc.No.A4/541/2011,dt.29-2-2012.
of the Collector & District Magistrate, West Godavari District,
Eluru.
2. G.O.Rt. No.1052,G.A. (L&O.II) Dept., dated 9-3-2012.
3. From the Advisory Board, Report, dated: 21-03-2012.
***
ORDER:
WHEREAS the Collector & District Magistrate, West Godavari
District, Eluru has made an order of detention, vide reference first read
above under section 3 (2) r/w. sec. 3(1) of the Andhra Pradesh Prevention
of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas,
Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act No.1 of 1986),
against Sri Mahankali Simhachalam, S/o. Sambaiah, aged 55 years. R/o.
Benarjipeta of Eluru Mandal, West Godavari District, who had been
indulged in ‘boot legging’ activities of procurement, possession of I.D.
liquor for the purpose of sale in contravention of A.P. Prohibition
(Amendment) Act,1997, with a view to prevent him from further indulging
in a manner prejudicial to the maintenance of public order;
2. AND WHEREAS the Government accorded approval to the said
detention order under sub-section (3) of section 3 of the Act, vide
Government Order second read above;
3. AND WHEREAS the Advisory Board on Preventive Detentions,
constituted under section 9 of the said Act, comprising of Justice Sri T.L.N.
Reddy (Retired), Chairman and two other Members, reviewed the case on
21-3-2012 and after having heard the detenu and the Investigating Officers and
also upon perusing the grounds of detention and the connected records, has
reported that in its opinion “there is sufficient cause for the detention of the
detenu, Sri Mahankali Simhachalam, S/o. Sambaiah, aged 55 years. R/o.
Benarjipeta of Eluru Mandal, West Godavari District”.
4. WHEREAS, the Government on careful examination of the entire record,
have observed that the detenu, Sri Mahankali Simhachalam , was involved in
as many as in (three) cases viz. 1) Cr.No.152/2010-11, dt. 29-7-2011, 2)
Cr.No.271/2011-12, dt.17-10-2011 and 3) . Cr.No. 352/2911-12, dt. 7-12-
2011 of Eluru Prohibition & Excise Station. All the said cases were
registered against him under section 7-A r/w. sec.8(e) of A.P. Prohibition
(Amendment) Act,1997 by the Prohibition & Excise Police and in all the three
cases he was caught red handed, while he was in possession of I.D. liquor.
The Government Chemical Examiner, who examined the samples of
contraband seized has opined that it is illicitly distilled liquor, unfit for human
consumption and injurious to health. The record also reveals that though the
individual was arrested and remanded to judicial custody, he did not mend
his activities, and even after his release on bail, he resorted to similar
(PTO)-2-
offences and again involved in Cr.No.352/2011-12, wherein he was arrested
on 7-12-2011 and remanded to judicial custody. This shows the detenu is
habituated to illegal bootlegging activities, which are prejudicial to the
maintenance of public order and public health. The detaining authority,
having taken into consideration of the ill effects of I.D. liquor on the general
public health and public order, has passed the order of detention, in order to
prevent him from indulging further in such offences, by invoking the provisions
under the Act 1 of 1986. The object of the Act, is to prevent recurrence of the
offences, which affect the public health and public order. In view of the
involvement of individual in series of cases at regular intervals for procurement
and possession of ID liquor for the purpose of sale, which is illicitly distilled
and injurious to health, the detenu deserves detention for a maximum period
as provided under sec. 13 of the Act.
5. NOW, THEREFORE, after due consideration of the report of the
Advisory Board and the material available on record, Government, in
exercise of the powers conferred under sub-section (1) of section 12 read
with section 13 of the said Act, hereby confirm the order of detention made
by the Collector & District Magistrate, West Godavari District, Eluru, in the
ref. 1st read above and direct that the detention of Sri Mahankali
Simhachalam, S/o. Sambaiah, aged 55 years. R/o. Benarjipeta of Eluru
Mandal, West Godavari District, be continued for a period of 12 (Twelve)
months from the date of his detention, i.e. 02-03-2012.
( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHR PRADESH)
PANKAJ DWIVEDI
CHIEF SECRETARY TO GOVERNMENT
To
Sri Mahankali Simhachalam, S/o. Sambaiah, aged 55 years. R/o.
Benarjipeta of Eluru Mandal, West Godavari District through the
Superintendent, Central Prison, Rajahmundry, East Godavari
District.
The Superintendent, Central Prison, Rajahmundry, East Godavari District.
(with instructions to serve the order on the detenu immediately
under proper acknowledgement and arrange to read over and
explain the contents therein to the detenu in the language known to
him and report compliance to Government)
The Collector and District Magistrate, West Godavari District, Eluru
The Prohibition & Excise Superintendent, Rajendranagar,Bhimavaram,
West Godavari District.
Copy to:
The Director General of Police, A.P., Hyderabad.
The Director General of Prisons and Correctional Services, A.P., Hyderabad.
The Inspector General of Police (Intelligence), A.P., Hyderabad.
Sf/sc
//FORWARDED:: BY ORDER//
SECTION OFFICER (SC)