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2022 Supreme(Telangana) 152
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, J.
S. Surya Prakash - Petitioner
Versus
The State of Telangana and others – Respondents
Writ Petition No.2974 of 2021
Decided On : 08-03-2022
Advocate Appeared:
For the Petitioner: T Bala Mohan Reddy
The main legal point established in the judgment is the illegality of the police actions, including detention and search, in violation of the procedure laid down under the law.
Headnote:
Illegal Detention - IPC Sections 276 and 336 - [Section 276, Section 336]
Fact of the Case:
The petitioners were accused of selling 'Kores Eraz-ex whitener liquid' to children below 18 years, leading to their illegal detention and seizure of the shop premises. The court directed an inquiry into the allegations and found the actions of the police to be in violation of due process.
Finding of the Court:
The court found that the actions of the police, including the detention and search of the shop premises, were illegal and contrary to the procedure laid down under the law. The court quashed the proceedings against the petitioners and warned the respondents against repeating such acts in the future.
Issues: Illegal detention, unauthorized search, violation of due process, misuse of power by police officials
Ratio Decidendi: The court held that the actions of the police, including the detention and search, were in violation of the procedure laid down under the law. The court also emphasized the lack of prohibition on the manufacture or sale of the whitener, rendering the actions of the police arbitrary and illegal.
Final Decision: The Writ Petition was allowed, and the proceedings against the petitioners were quashed. The respondents were warned against repeating such acts in the future.
ORDER :
This Writ Petition is filed seeking to declare the action of respondent Nos.3 and 4 in taking into custody and detaining the petitioners without warrant, conducting search in the premises of “Prakash Book Stationery” (herein after called ‘the shop’) owned by the 1st petitioner, without due authorization from any Court and registering a case in Cr.No.57 of 2021 against the petitioners herein/accused for the offences under Sections 276 and 336 of IPC, on fabricated complaint as illegal and consequently to quash the proceedings in the above said crime against the petitioners. The petitioners herein are accused in the above said crime
2. Heard Sri T.Bala Mohan Reddy, learned counsel for the petitioners and Sri S.Ram Mohan, leaned Asst. Govt. Pleader for Home and perused the record.
3. The allegations against the petitioners herein are that they are selling ‘Kores Eraz-ex whitener liquid’ 15ml bottles to the children below 18 years at their shop and the same is illegal and endanger to the human life. In the writ affidavit, there is specific allegation that on 29.01.2021, some personnel from Task Force (West zone) visited the premises of the petitioners and enquired about whitener. At that time, the 1st petitioner was not there in the shop and therefore, the personnel intimated the employees to call the 1st petitioner to the shop. After that, when the 1st petitioner came to the shop, they enquired about the whitener including storage and sale etc. They have also behaved rudely and abused the 2nd petitioner. They have seized the shop on 29.01.2021 itself. They have also took the 1st petitioner into custody at 4.45 P.M. to 5.00P.M. on his arrival. Both the petitioners were taken to the DCP Task Force office at Secunderabad. When their Advocate reached Task Force Office, he was prevented from entering into the premises and not permitted him to meet either the officials or the petitioners.
4. In the writ affidavit, there are specific allegations against Rajesh, Sub Inspector of Police, and Gattumallu, Circle Inspector of Police, the Task Force officials and in charge of the case against the petitioners herein. It is further alleged that the petitioners were permitted to leave the premises of DCP Task Force Office, at 8.30 P.M. directing to report the next day. i.e. on 30.01.2021 at 10.30 A.M. The Police have again illegally detained the petitioners herein. There are specific allegations in paragraph Nos.4 and 5 of the writ affidavit. The petitioners herein have also filed photographs in proof of the same. They have also filed affidavit of Sri P.Srinivas Advocate, in proof of the same.
5. In view of the said serious allegations and also considering the nature of allegations made against the petitioners herein in the complaint dated 31.01.2021, and also considering the fact that there were no proceedings issued by the officials prohibiting either manufacture or sale of whitener, this Court vide order dated 11.02.2021 directed the 2nd respondent to cause enquiry into the specific allegations made by the petitioners in the writ affidavit and submit report along with the counter. The 2nd respondent was further directed to file counter specifically adverting to various contentions and grounds raised by the petitioners.
6. In compliance of the said order, the report dated 01.06.2021 of the Joint Commissioner, the Police HFAC, DCP (West Zone), Hyderabad was filed. Thereafter, the 2nd respondent herein-the Commissioner of Police, filed counter, affidavit and also additional counter affidavit, wherein it is mentioned that it has been complained to the Director General of Police, Hyderabad stating that there is rampant misuse of whitener in many parts of West Zone particularly in Asifnagar. It is also available in South Zone and East Zone. Therefore, the respondent No.2, vide memo dated 28.01.2021, directed respective officers to launch special drive in the next 15 days and ensure that maximum seizure of whitener is done in their area. The Speci
