Smt. P. Maheswari, v. The State Of Telangana Rep. By Its Chief Secretary,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No.42370 of 2015 07.06.2016 Between:

Smt.P.Maheswari ..Petitioner And The State of Telangana, represented by its Chief Secretary, General Administration (Law & Order) Department, Hyderabad and another ..Respondents Counsel for the petitioner: Mr.P.Animi Reddy for Mr.M.Achuta Reddy Counsel for the respondents: Government Pleader for Home (TS) The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who is the sister-in-law of one Smt.Marri Ramadevi (hereinafter referred to as 'the detenu'), filed this writ petition for issue of habeas corpus by directing the respondents to release the detenu after setting aside the detention order, vide Proc.No.SPL/Mbnr/PD/2015, dated 20.10.2015, of respondent No.2.

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

3. The detenu was involved in five instances of illegal possession, transportation and sale of Illicitly Distilled (I.D.) liquor. A perusal of the detention order, dated 20.10.2015, shows that as per crime No. 948/2014-15, dated 26.11.2014, the detenu was found in possession of 10 litres of I.D. liquor, as per crime No.1054/2014-15, dated 22.12.2014, she was found in possession of 100 sachets of I.D. liquor each of about 60 ml, as per crime No.219/2015-16, dated 12.05.2015, she was found in possession of 10 litres of I.D. liquor, as per crime No.341/2015-16, dated 17.06.2015, she was found in possession of 8 litres of I.D. liquor and as per crime No.346/2015-16, dated 19.06.2015, she was found in possession of 250 sachets of I.D. liquor each of about 100 ml. It is also evident from the record that out of the five criminal cases arising out of the above crimes, two cases ended in acquittal and the other three cases are pending, in which bail was granted to the detenu and that the detenu is under detention from 20.10.2015.

4. Considering the fact that the detenu has already suffered detention for nearly 71⁄2 months from 20.10.2015 and the further facts that the detenu being a woman having school going children and that the quantities of I.D. liquor allegedly seized from her are moderate or low, we are of the opinion that she deserves to be released at this stage. It is, however, made clear that this order shall not be

understood as this Court holding the detenu either as innocent or not guilty of the charges levelled against her in the pending criminal cases, which shall be disposed of on their own merits, without regard to the result of this writ petition. It is further made clear that if the detenu continues to indulge in repeating commission of offences in future, this order will not preclude the respondents from taking appropriate action, in accordance with law.

5. The Writ Petition is, accordingly, allowed as prayed for. The impugned order of detention, dated 20.10.2015, is set aside and the detenu - Smt. Marri Ramadevi shall be released forthwith from detention.

6. As a sequel to allowing the Writ Petition, W.P.M.P.No.54646 of 2015 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J _______________________ G.SHYAM PRASAD, J 07th June, 2016 GHN