Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Andhra Pradesh Prevention Of Dangerous Activities Of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders And Land-Grabbers Act, 1986 [28th February, 1986] CONTENTS 1. Short title and extent 2. Definitions 3. Power to make orders detaining certain persons 4. Execution of detention orders 5. Power to regulate place and conditions of detention 6 . Detention orders not to be invalid or in operative on certain grounds 7. Power in relation to absconding persons 8. Grounds of order of detention to be disclosed to persons affected by the order 9. Constitution of Advisory Boards 10. Reference to Advisory Board 11. Procedure of Advisory Boards 12. Action upon report of Advisory Board 13. Maximum period of detention 14. Revocation of detention orders 15. Temporary release of persons detained 16. Protection of action taken in good faith 1 7 . Detention orders against any boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber to be made under this Act and not under National Security Act (Central Act 65 of 1980) Andhra Pradesh Prevention Of Dangerous Activities Of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders And Land-Grabbers Act, 1986 [28th February, 1986] An Act to provide for preventive detention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers for preventing their dangerous activities prejudicial to the maintenance of Public Order. Whereas public order is adversely affected every now and then by the dangerous activities of certain persons, who are known as bootleggers, dacoits, drug offenders goondas, immoral traffic offenders and land grabbers. And whereas having regard to the resources and influence of the persons by whom, the large scale on which, and the manner in which the dangerous activities are being clandestinely organised and carried on in violation of law by them, as bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders or land grabbers in the State of Andhra Pradesh and particularly in its urban areas, it is necessary to have a special law in the State of Andhra Pradesh to provide for preventive detention of these six classes of persons and for matters connected therewith: Be it enacted by the Andhra Pradesh Legislative Assembly in the Thirty sixth Year of the Republic of India as follows 1. Short title and extent :- (1) This Act may be called the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986. (2) It extends to the whole of the State of Andhra Pradesh. 2. Definitions :- In this Act, unless the context otherwise requires, (a) "acting in any manner prejudicial to the maintenance of public order" means when a boot legger, a dacoit, a drug offender, a goonda, an immoral traffic offender or a land grabber is engaged or is making preparations for engaging in any of his activities as such, which affect adversely, or are likely to affect adversely, the maintenance of public order. Explanation:- For the purpose of this clause public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely inter alia, if any of the activities of any of the persons referred to in this clause directly or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life or public health; (b) "boot legger" means a person, who distils, manufactures, stores, transports, imports, exports sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Andhra Pradesh Excise Act, 1968, and the rules, notifications and orders made thereunder or in contravention of any other law for the time being in force, or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the above mentioned things by himself or through any other person, or who abets in any other manner the doing of any such thing; (c) "dacoit" means a person who either by himself or as a member of or leader of a gang commits or abets the commission of any of the offences punishable under Sections 395 to 400 of the Indian Penal Code, 1860; (d) "detention order" means an order made under Section 3; (e) "detenu" means a person detained under a detention order; (f ) "drug offender" means a person, who manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any of provisions of the Drugs and Cosmetics Act, 1940 or the the Narcotic Drugs and Psychotropic Substances Act 1985 and the rules, notifications and orders made under either Act, or in contravention of any other Law for the time being in force, or who knowingly expends or applies any money in above mentioned things by himself or through any other person or who abets in any other manner the doing of any such thing; ( g ) "goonda" means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code; (h) "Government" means the State Government of Andhra Pradesh; (i) "immoral traffic offender means a person who commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956; (j) "land grabber" means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or leave and licence agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis or for construction or use and occupation of unauthorised structures or he knowingly gives financial aid to any person for taking illegal possession of such lands, or for construction of unauthorised structures thereon or who collects or attempts to collect from any occupier of such lands, rent compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure or who abets in any manner the doing of any of the above mentioned things; (k) "unauthorised structure" means any structure constructed without express permission in writing of the appropriate authority under and in accordance with any law for the time being in force in the area concerned. 3. Power to make orders detaining certain persons :- (1)The Government may, if satisfied with respect to any boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the Government are satisfied that it is necessary so to do, they may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub section (1), exercise the powers conferred by the said sub section: Provided that the period specified in the order made by the Government under this sub section shall not in the first instance, exceed three months, but the Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (3) When any order is made under this section by an officer mentioned in sub section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the meantime, it has been approved by the Government. 4. Execution of detention orders :- A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973. 5. Power to regulate place and conditions of detention :- Every person in respect of whom a detention order has been made shall be liable (a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the Government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, within the State by order of the Government. 6. Detention orders not to be invalid or in operative on certain grounds :- No detention order shall be invalid or inoperative merely by reason (a) that the person to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order, or (b) that the place of detention of such person though within the State, is outside the said limits. 7. Power in relation to absconding persons :- (1) If the Government have, or an officer mentioned in sub section (2) of Section 3, has reason to believe that a person in respect of whom, a detention order has been made has absconded or is concealing himself so that the order cannot be executed then the provisions of Sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply in respect of such person and his property, subject to the modifications mentioned in this sub section and irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the Government, an Officer, not below the rank of District Magistrate or Commissioner of Police authorised by the Government in this behalf, or where the detention order is made by an officer mentioned in sub section (2) of Section 3, such officer, as the case may, be, shall irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under Sections 82, 83, 84 and 85 of the said Code for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action under the said sections. An appeal from any order made by an such officer rejecting an application for restoration of attached property shall lie to the Court of Session, having jurisdiction in the place where the said person ordinarily resides, as provided in Section 86 of the said Code. (2) (a) Notwithstanding anything contained in sub section (1), if the Government have, or an Officer mentioned in sub section (2) of Section 3 has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or the Officer, as the case may be, may by order notified in the Andhra Pradesh Gazette, direct the said person to appear before such officer, at such place and within such period as may be specified in the order. (b) If such person fails to comply with such order, unless he proves that it was not possible for him to comply therewith, and that he had within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his where abouts, or proves that it was not possible for him to so inform the officer mentioned in the order, he shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both. (c) Notwithstanding anything contained in the said Code, every offence under clause (b) shall be cognizable. 8. Grounds of order of detention to be disclosed to persons affected by the order :- (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but not later than five days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government. (2) Nothing in sub section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. 9. Constitution of Advisory Boards :- (1) The Government shall whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. (2) Every such Board shall consist of Chairman and two other members, who are, or have been Judges or are qualified to be appointed as Judges of a High Court. 10. Reference to Advisory Board :- In every case where a detention order has been made under this Act, the Government shall within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by them under Section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in the case where the order has been made by an officer, also the report by such officer under sub section (3) of Section 3. 11. Procedure of Advisory Boards :- (1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government or from the person concerned, and if in any particular case, the Advisory Board considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the Government within seven weeks from the date of detention of the person concerned. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. (3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) The proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential. (5) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board. 12. Action upon report of Advisory Board :- (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period, not exceeding the maximum period specified in Section 13 as they think fit. (2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith. 13. Maximum period of detention :- The maximum period for which any person may be detained, in pursuance of any detention order made under this Act which has been confirmed under Section 12 shall, be twelve months from the date of detention. 14. Revocation of detention orders :- (1) Without prejudice to the provisions of Section 15 of the Andhra Pradesh General Clauses Act, 1891 a detention order may at any time, be revoked or modified by the Government, notwithstanding that the order has been made by an officer mentioned in sub section (2) of Section 3. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under Section 3 against the same person, in any case, where fresh facts have arisen after the date of revocation or expiry, on which the Government or an Officer, as the case may be, are or is satisfied that such an order should be made. 15. Temporary release of persons detained :- (1) The Government may, at any time direct that any person detained in pursuance of a detention order may be released for any specified period, either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time cancel his release. (2) In directing the release of any person under sub section (1), the Government may require him to enter into a bond, with or without sureties, for the due observance of the conditions specified in the direction. (3) Any person released under sub section (1) shall surrender himself at the time and place and to the authority, specified in the order directing his release or cancelling his release, as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub section (3), he shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine, or with both. (5) If any person released under sub section (1) fails to fulfil any of the conditions imposed upon him under the said sub section or to the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 16. Protection of action taken in good faith :- No suit, prosecution or other legal proceeding shall lie against the Government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act. 17. Detention orders against any boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber to be made under this Act and not under National Security Act (Central Act 65 of 1980) :- On and after the commencement of this Act no order of detention under the National Security Act, 1980 shall be made by the Government or any of their officers under that Act in respect of any, boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber in the State of Andhra Pradesh on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, where an order of detention may be or can be made against such person, under this Act.