Writ Petition No.1965 of 2009. Case: Mohammed Fayaz Ali @ Fayaz Vs Chief Secretary, Government of Andhra Pradesh, Hyderabad and Others. High Court of Andhra Pradesh (India)
| Case Number | Writ Petition No.1965 of 2009 |
| Judges | A. Gopal Reddy, A. Gopal Reddy & B. Chandra Kumar |
| Issue | Constitution of India, 1950 - Article 226, 22; Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers At, 1986 - Section 3(2); Indian Penal Code, 1860 - Sections 34, 143, 144, 149, 212, 214, 352, 384, 392, 448, 506; Arms Act, 1959 - Sections 25(1)(a)(b), 2... |
| Judgement Date | February 25, 2009 |
| Court | High Court of Andhra Pradesh (India) |
Judgment:
By means of filing this writ petition under Art. 226 of the Constitution Of India, 1950, the petitioner-alleged detenu, Mohammed Fayaz Ali @ Fayaz, has challenged the order of detention dt. 20-10-2008 made under sub-section (2) of Section 3 of Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers At, 1986 (for short "the Act No.1 of 1986) by the Commissioner of Police, Hyderabad City by directing the respondents to produce him and order for his release.
Briefly stated the alleged activities of the detenu-petitioner as set out in the grounds of detention dt. 20-10-2008 are that the petitioner was habitually committing and abetting the commission of offences like attempt to murder, hurt cases using dangerous weapons, criminal intimidation, property offences and acting in a manner prejudicial to the maintenance of public order. It has been alleged that the detenu has been indulged in several unlawful activities and committed as many as 70 offences since 1996 and recently in 2008, he had indulged in unlawful acts affecting public order, in Cr.No.34/2008 under Sec. 352, 506 Indian Penal Code, 1860 of Police Station, Shahalibanda; Cr.No.35/2008 under Secs. 384, 506 r/w34 Indian Penal Code, 1860 of P.S. Shahalibanda; Cr.No.57/2008 under Secs. 143, 144, 448, 506, 392 r/w149 Indian Penal Code, 1860 of Police Station, Nampally; Cr.No.99/2008 under Secs 143, 144, 447, 506, 384 r/w 149 Indian Penal Code, 1860 and 25 Arms Act, 1959 of Police Station, Kachiguda; Cr.No.72/2008 under Sec.120-B r/w Sec.379, 411, 384 Indian Penal Code, 1860, Sec. 25(1)(a)(b) of Arms Act, 1959, Sec.20(b) of Narcotic Drugs And Psychotropic Substances Act, 1985 of Police Station, Market; Cr. No.44/2008 under Secs. 452, 506 r/w34 Indian Penal Code, 1860 of Police Station, Moghalpura; Cr.No.55/2009 under Sec. 307, 353 r/w34 Indian Penal Code, 1860 & Sec. 25(1)(a) of Indian Arms Act, 1959 of P.S., Shahalibanda; Cr. No.235/2008 under Sec. 394 r/w 34 Indian Penal Code, 1860 of Police Station, Langar House; and Cr.No.188/2008 under Sec. 25(1B)(b) of Indian Arms Act, 1959 of Police Station, Market. On the basis of the aforementioned cases the detaining authority came to the conclusion that the petitioner is a "goonda" within the definition of Cl.(g) of Section 2 of the Act 1 of 1986, who is habitually engaged in committing and attempting to commit violent activities and with a view to...
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