V. Venkata Ramana v. The State Of Telangana

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.11829 of 2016 Dated: 28.06.2016 Between:

V. Venkata Ramana .. Petitioner and The State of Telangana, Rep. by its Principal Secretary, General Administration (Law & Order) Department, Secretariat, Hyderabad, and others. .. Respondents Counsel for the petitioner : Mr. S.Srinivasa Sarma Counsel for the respondents : G.P. for Home (T.S) The Court made the following order:

ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Detention order dated 09.01.2016 of respondent No.2, whereunder one O.Ravi Shankar (hereinafter referred to as detenu) has been detained under subsection (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Boot Leggers, Dacoits, DrugOffenders, Goondas, Immoral Traffic Offenders and LandGrabbers Act, 1986, is assailed in this writ petition filed by the brother of the detenu.

2. We have heard the learned counsel for both the parties and perused the record.

3. A perusal of the grounds of detention shows that the detenu was involved in three cases registered under the provisions of Immoral Traffic (Prevention) Act, 1956, by various police stations within Municipal Corporations area of Hyderabad and Secunderabad. These three cases were registered in the years 2014 and 2015.

4. Considering the fact that the detenu has been under detention for nearly six months, that he has no past history of indulging in similar offences and the willingness

of the detenu to leave the areas in which he is allegedly involved in immoral traffic activities and live outside the said area till the completion of the balance detention period, we are of the opinion that interests of both parties will be balanced if the detenu is released from detention.

5. Hence, the detenue shall be released forthwith from the detention subject to his giving a written undertaking addressed to respondent No.2, to the effect that he shall leave H.M.D.A. area and live outside the said area till 09.01.2017, and handing over the same to the Superintendent, Chanchalguda Central Prison, Hyderabad, in which he is presently detained.

6. The impugned detention order is accordingly quashed and the writ petition is allowed.

7. As a sequel to allowing the Writ Petition, WPMP.14868 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY,J ____________________ T.SUNIL CHOWDARY,J 28.06.2016 v v