A writ petition under Article 226 of the Constitution of India was filed seeking a writ of Habeas Corpus to produce the accused, Madan Manekar, who absconded from the scene of a cocaine seizure. The court held that the accused is at large and not in legal detention.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT THE HONOURABLE Dr. JUSTICE SHAMEEM AKTHER
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
WRIT PETITIO N NO: 13984 OF 2022
Between:
Smt. lt4anekar Beju, w/o lVanekar Durga aged about 49years, occ. Housewife R/o H.No. 2g-111, Narasimha Basti Saibaba Nagar, Suraram, IDA Jeedimetla, Hyderabad-500 055.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more pa(icularly one in the nature of Writ of Habeas Corpus, directing the 3'd respondent to produce the detenue viz., ltiladan fi/anekar s/o Manekar Durga, aged 27 years, before this Honble Court and set him at liberty, and to grant
Counsel for the Petitioner(s):SRl. G JAYA REDDY
Counsel for the Respondents: THE ADVOCATE GENERAL (TG)
The Court made the following: ORDER
I
THE HI)N'BLE DT. JUSTICE SHAMEEM AKTHER AND THE HC N'BLE SMT. JUSTICE JUVVADI SRIDEVI \A I1IT PETITION N o.13984 OF 2022
ORDER: (Per ton'ble Dr. Justice Shameem Akther)
This Wr t Petition is filed by the petitioner seeking a Writ of Habeas Corp rs to direct the respondent No.3-Startion House Officer, CCS lolice Station, Nampally, Hyderabad, to produce the alleged detenr viz., Yladan Manekar, S/o. Manekar Durga, aged aboul 27year ;, before this Court and set him at liberty.
3, This Wr t: Petition is filed ostensibly on theground that the alleged deten i-Madan Manekar had been illegally detained by the respondent N >.3 and a direction is sought to produce the alleged detenu-Madar Manekar before this Court.
Dr.SA,J & JS.J 2 w.P.No 13984 of 2022
Substances Act, 1985 (for short, 'NDPS Act'). In the said crime, the alleged detenu-Madan Manekar was arrayed as 42. The other accused in the aforementioned crime were apprehended and remanded to judicial custody on 12/L3.03.2022. On 12.03.2022, on seeing the police, the alleged detenu-Madan Manekar had absconded from the scene of offence and the police are making efforts to trace out him.
Dr.SA,J & JS,J .,1 W.P.lio I3q84 of 2022
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material to substantiate that on 12.03.2022 on seeing the police, the alleged detenu had ran away from the scene cf offence and since then re has been absconding, it cannot be held that there is illegal or ur lawful or unjustifiable detention of the alleged detenuMadan Ma ':kar, as alleged by the petitiorer. Under these circumstan( es/ no relief as sought by the petitioner can be gra nted.
Miscel aneous Petitions, if any, pending in this Writ Petition, shall stand rlosed. There shall be no order as to costs,.
/
SD/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY' (r-
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DATED:251031i'.022
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WP.No.1398z of 2022
DISPOSING OF THE WRIT PETITION
WITHOUT C OSTS
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3 issues framed by the court
Whether a writ of Habeas Corpus lies to produce an alleged detenu who absconded from the scene of the offence and is at large since March 12, 2022.
Whether the detention of the accused in a crime under the NDPS Act for absconding constitutes illegal or unlawful detention warranting a writ of Habeas Corpus.
Whether the High Court of Telangana can direct the police to produce an alleged detenu who is currently at large.
2 provisions across 2 enactments
Smt. Itikranikar Beju
The State of Telangana
Commissioner of Police, Hyderabad City
Station House Officer, CCS Police Station, Nampally
Dr. Justice Shameem Akther
Justice Juwadi Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
