Miriyala Nageswara Rao v. The State Of Telangana

HON'BLE SRI JUSTICE SANJAY KUMAR And HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.4759 OF 2017 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) The petitioner seeks a writ of habeas corpus to produce his father, Miriyala Narasimha Rao, who was detained in Central Prison, Warangal, pursuant to the order of detention dated 03.02.2017 passed by the Collector and District Magistrate, Suryapet District, and to set him at liberty.

The order of detention dated 03.02.2017 was passed by the Collector and District Magistrate in exercise of power under Section 3(1) and (2) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act'). Section 13 of the Act makes it clear that the maximum period for which a person may be detained in pursuance of any detention order passed under the Act shall be six (6) months from the date of detention. That being so, as the order of detention was passed on 03.02.2017 and the petitioner's father is said to have been taken into custody pursuant thereto immediately, the maximum period of six months of detention has worked itself out.

The writ petition is accordingly allowed directing the respondents to forthwith set at liberty the petitioner's father, Miriyala Narasimha Rao, who is detained in Central Prison, Warangal, unless his detention is required in connection with any other case.

SK, J & Dr.SA, J WP No.4759/2017 Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

______________________________ SANJAY KUMAR, J ______________________________ Dr. JUSTICE SHAMEEM AKTHER, J Date: 08-08-2017.

Dsh

SK, J & Dr.SA, J WP No.4759/2017 HON'BLE SRI JUSTICE SANJAY KUMAR And HON'BLE DR. JUSTICE SHAMEEM AKTHER 17082017 WRIT PETITION No.4759 OF 2017 (Order of the Division Bench delivered by Hon'ble Sri Justice Sanjay Kumar) Date. 08-08-2017 DSH