2018 Supreme(AP) 561
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C. PRAVEEN KUMAR, T. AMARNATH GOUD, JJ.
P. Deepika Bai - Appellant
Versus
The State of Telangana, Rep. by its Principal Secretary, General Administration (Special Law and Order) Department, Secretariat & Others - Respondents
Writ Petition No. 10916 of 2018
Decided On : 15-06-2018
For the Appellant :A. Prabhakar Rao, Advocate
Headnote:Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986-Section 3 (1) & (2) read with Section 2 (a) and (f)-Preventive detention-Grounds and order of detention, nowhere refer to number of bail petition filed and Court where it is pending-Order and grounds only indicate apprehension of committing similar acts, if detenu comes out on bail, but no satisfaction was recorded by detaining authority as to likelihood of detenu coming out on bail in this case-Pendency of bail application does not by itself ipso facto mean that he would be released on bail-Likelihood of detenu getting released on bail and coming out from jail, should have been specifically recorded before passing detention order-Impugned detention order set aside. (Paras 21 to 23)
C. Praveen Kumar, J.
1. The present writ petition came to be filed under Article 226 of the Constitution of India, seeking issuance of writ of habeas corpus directing the respondents to produce Chapa Sunil Singh @ Papa Singh, S/o. Baiju Singh, now detained in Central Prison, Cherlapally, before this Court, and declare his detention order, dated 31.10.2017, issued vide Proceedings No.C3/4868/2017, as confirmed by the Government, vide G.O.Rt.No.2601, dated 20.12.2017, as illegal and unconstitutional.
2. The second respondent herein passed an order of detention, dated 31.10.2017, under Section 3 (1) & (2) read with Section 2 (a) and (f) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial offenders Act, 1986 (for short “the Act”), on the ground that the detenue is a drug offender within the meaning of Section 2 (f) of the Act and with a view to prevent him from acting in any manner prejudicial to the maintenance of the public order.
3. The grounds of detention served on the detenue refer to four instances. The first instance is in respect of Crime No.78 of 2017 of Prohibition and Excise Station, Serilingampally, Ranga Reddy District. The said case was registered under Section 8 (c) read with 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, on an allegation that the alleged detenue was found transporting 72 packets of ganja, at the time of interception of his vehicle on 18.05.2017. In the said crime, the detenue surrendered before the Court on 22.09.2017 and subsequently released on bail.
4. The second crime relates to an incident, which took place on 11.06.2017, wherein, on reliable information, the search party conducted a raid at the house of one Pulli Kumari. During the search, they found a plastic bag containing ganja. The said Kumari is alleged to have disclosed that the ganja was brought from the detenue at Rs.2,800/- per kg. In respect of this incident, a case in Crime No.89 of 2017 of Prohibition and Excise Station, Serilingampally, Ranga Reddy District, came to be registered. In the said crime, the detenue was arrested on 31.08.2017 and produced before the Court for judicial remand.
5. The third incident is in relation to Crime No.121 of 2017 of the very same Excise Station, which was registered for an offence punishable under Section 8 (c) read with 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act. In the said case, the police intercepted a motor cycle, which was transporting ganja. One of the persons sitting on the pillion seat ran away and the said person, who escaped, is said to be the alleged detenue. Even in this crime, his arrest was shown on 31.08.2017.
6. The last crime is said to have taken place on 31.08.2017. It is said that, on that day, at about 9.45 a.m., on reliable information about illegal transportation of ganja by one Papa Singh, the Inspect of Police, along with mediators, conducted route watch near Wipro Cross Roads, Serilingampally. On sighting a vehicle, which was moving in suspicious circumstances, the staff stopped the vehicle and questioned the driver, who disclosed his name as Chapa Sunil Singh @ Papa Singh (detenue). On search, they found 2250 grams of ganja in three covers. He is alleged to have confessed that he bought the ganja from a person by name Shanker Singh, who used to supply ganja to one Smt. Aruna Bhai and Arjun Singh as well. In view of the above crimes, the detention order came to be passed on 31.10.2017 with a view to prevent him from acting in any manner prejudicial to the maintenance of the public order. Challenging the said detention order, the present writ petition came to be filed by the wife of the d