JUDGMENT

B. Vijaysen Reddy, J. - The detention order dated 12.03.2020 passed against Anil Bhosle S/o. Vaijinath, by the 2nd respondent, Commissioner of Police, Rachakonda Commissionerate, in exercise of powers conferred under Sub-Section (2) of Section 3 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, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Amendment Act No.13 of 2018) (for short 'the Act') and as confirmed by the State vide G.O.Rt.No.894, General Administration (SPL) Law & Order Department dated 16.05.2020, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary.

2. Heard Mr. P. Trivikram Reddy, learned counsel for the petitioner and Mr. T. Srikanth Reddy, learned Government Pleader for Home for the respondents.

3. The learned counsel for the petitioner submitted that the impugned order is passed without application of mind and the detenu can be dealt with under ordinary law. The detention order was passed mechanically based on solitary offence. The bail petition of the detenu is dismissed and he continues to be in judicial custody. There is no proper subjective satisfaction arrived at warranting the second respondent to pass the impugned detention order. There is no justification for passing the detention order merely because the detenu is likely to be released on default bail under Section 167(2) Cr.P.C. The detention order grossly violates detenu's right to life and personal liberty guaranteed under Article 21 of the Constitution of India.

4. Per contra, the learned Government Pleader for Home submitted that the detenu was involved in Crime No.876 of 2019 under Section 8(c) r/w. Section 20(b) (ii) (B) of NDPS Act, 1985 of Kushaiguda P.S. The detenu was found to be in possession of the narcotic drug "Ganja" weighing kg., and "heroin" weighing 25 grams and the same were seized in addition to two cell phones, which were used by him for communication purpose in the commission of offence. After having completed recovery, he was remanded to judicial custody on 26.12.2019. The samples collected from the seized contraband were forwarded to the Forensic Science Laboratories for chemical analysis and report, wherefrom, it was found that it is "Diacetylmorphine" a narcotic drug, "Alprazolam" a psychotropic substance and "Ganja" a Narcotic Drug. The Professor and HOD of Gandhi Medical college furnished adverse affects of Ganja and Heroin on human body and opined that "Ganja" affects mental illness, paranoid behaviour, panic and it affect both acute toxic and chronic effect on human body whereas "heroin" affects myocardial damage, breathing is severely slowed and sometimes enough to be life threatening, slowed breathing can also lead to coma and permanent brain damage and also other severe health complications on human body.

5. The learned Government Pleader also submitted that the detenu moved bail petition in Cr.No.876 of 2019 vide Crl.M.P. No.245 of 2020 before the Metropolitan Sessions Judge, L.B. Nagar wherein the Police filed a counter opposing the grant of bail to him and the same was dismissed on 05.01.2020. The detenu squarely answers the description of 'Drug Offender' as defined under Section 2(f) of the Act. The activities of the detenu are likely to be prejudicial to the public health and public order and with a view to prevent him from further indulging in such offences, the detention order is passed, therefore, this writ petition is liable to be dismissed.

6. In the detention order, the detaining authority has referred to a solitary criminal case, as the ground case for passing the detention order i.e. Crime No.876 of 2019