Setveni Laxmi 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. 8280 OF 2016 DATED 28th JUNE, 2016 Between:

Setveni Laxmi. ... Petitioner AND The State of Telangana, General Administration (Law & Order) Department, Rep. by its Chief Secretary, Secretariat, Hyderabad, and others ... Respondents Counsel for the petitioner : Sri T.V.Ramana Rao Counsel for the respondents : G.P. for Home (T.S.) THE COURT MADE THE FOLLOWING ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Detention of one Setveni Ganganna (hereinafter referred to as 'the detenu'), under the provisions of Sections 3 (1) and (2) read with Sections 2 (a) and (b) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, is questioned by his wife in the present Writ Petition. A perusal of the detention order and the grounds thereof shows that the detenu was allegedly involved in sale of Illicit Distilled Liquor (I.D. Liquor) and that in the span of two years,

he was involved in four criminal cases. It is further alleged that the detenu was found in possession of 10, 5, 15 and 3 liters of I.D. Liquor respectively and that if he is not detained, there is a reasonable possibility of his repeating commission of similar offences in future, which will have the effect of disturbing the public order.

Considering the fact that the quantities of I.D. Liquor, allegedly in possession of the detenu, were low or moderate and the further fact that the detenu is agreeable for leaving the present place for a period of one year coupled with the fact that he has suffered detention for more than six months, we are of the opinion that the detenu deserves to be released at this stage. Hence, the detenu 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 the Mamada Mandal of Adilabad District and live outside the said area till the detention period is over, and handing over the same to the Superintendent, Charlapalli Central Prison, in which he is presently detained.

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

As a sequel to allowing the Writ Petition, W.P.M.P.No.10503 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J.

_____________________ T.SUNIL CHOWDARY, J.

Date: 28-06-2016.

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