The Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986.

THE ANDHRA PRADESH PREVENTION OF DANGEROUS ACTIVITIES OF
BOOTLEGGERS, DACOITS, DRUG OFFENDERES, GOONDAS, IMMORAL
TRAFFIC OFFENDERS AND LAND-GRABBERS ACT, 1986
Act No.1 of 1986
ARRANGEMENT OF SECTIONS
CONTENTS
1. Short title and extent
2. Definitions
3. Power to make order 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
  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)
THE ANDHRA PRADESH PREVENTION OF DANGEROUS ACTIVITIES OF
BOOT-LEGGERS, DACOITS, DRUG OFFENDERES, GOONDAS, IMMORAL
TRAFFIC OFFENDERS AND LAND-GRABBERS ACT, 1986
Act No. 1 of 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, 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 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 the
provisions of the Drugs and Cosmetics Act, 1940 (Central Act XXIII
of 1940) or 1[the Narcotic Drugs and Psychotropic Substances Act,
1985,] 1[(Central Act 61 of 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 (furtherance or support of 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;
(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
1. Substituted by the Act No. 23 of 1986, S.2.
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 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 order 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 order 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 of 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 reason which rendered compliance
therewith impossible and of his whereabouts, 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 there
of 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.

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