Allowed

Ramavath Koma Bai v. The State of Telangana

Telangana HC16 Jun 2022WP/20057/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition under Article 226 challenging the preventive detention of a detenu. The court set aside the detention and confirmation orders, holding that reliance on a single narcotics offence was insufficient to disturb public order and that statutory requirements were not met.

What did the court decide?

The detention order dated 22.12.2021 and the confirmation order dated 25.03.2022 were set aside, and the detenu Ramavath Ramesh was directed to be set at liberty forthwith.

Ramavath Koma Bai Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2022)

|³²⁶⁴ |

I I i

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶5

THURSDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO

¶6

PRESENT

¶7

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER A/u, THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

¶8

WRIT PETITION NO: 20057 OF 2022

¶9

Between:

¶10

Ramavath Koma Bai, Wo.Late Ramavath Somlal, Occ. Housewife, Rl/o.H.No.71-63218711, Bapu Nagar, S.R.Nagar, Hyderabad, Telangana State.

¶11

..PETITIONER

¶12

AND

¶13

The State of Telangana, Rep by its Principal Secretary to Government, General Adminiskation Department (Poll), Secretariat, Hyderabad.

¶14

The Commissioner of Police, Hyderabad City, Hyderabad District.

¶15

The Superintendent of Jails, Chenchalguda, Hyderabad, Hyderabad District.

¶16

...RESPONDENTS

¶17

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order, direction particularly in the nature of writ of Habeas Corpus directing the respondents to produce the detenue by name Ramavath Ramesh, S/o.Somlal, aged about 37 years, R/o. H.No.7-1-63218711, Bapu Nagar, S.R.Nagar, Hyderabad before this Honorable Court and set him at liberty by declaring the detention order 2211212021 issued in Proceedings SB(l).No.470lPD1l HYD|2021 passed by the 2nd respondent and all the consequential orders passed by the 1ST respondent i.e., G.O.Rt.No.709, General Adminstratin (Spl. (Law and Order) Department, dated 2513/2022 as iliegal, arbitary

¶18

Counsel for the Petitioner(s): SRl. A PRABHAKAR RAO

¶19

A c^p^{?oA lloYlEAF-q.} Counsel for the Respondents: ADDL ADVOCATE GENERAL

¶20

The Court made the following: ORDER

¶21

THE Hr )N'BLE Dr. JUSTICE SHAMEEM I\KTHER AND THE HC N'BLE SMT. JUSTICE JUVVADI $RIDEVI \ RIT PETITION No.20057 OF 2lt_22

¶22

ORDER: (Per lon'ble Dr. lustice Shameem Akther)

¶23

Smt. R rmavath Koma Bai, the petitioner. has filed this Habeas Corpr s petition on behalf of her son, Rarravath Ramesh, the detenu, c'rallenging the detention order vide SB(I).No.470lPD7/HYD/2021, dated 22.72.2021, passed by the rt:spondent No.2Commissione of Police, Hyderabad City, whereDy, the detenu was detained un ler Section 3(2) of the Telangana Preventive Detention Ar t, 1986 (Act 1 of 1986), and tl- r: cc,nsequential confirmation order vide G.O.Rt.No.709, General Administration (Spl. (Law & Order)) Department, dated 25.03.2022, passed by the Chief Se:retary to Government, General Adrninistration (Spl. (Law & Orddr )) Department, Government of Telangana.

¶24

2, Heard the learned counsel for the perl-itiorrer, learned Assistant Go rernment Pleader for Home representing the learned Additional A lvocate General appearing for the respondents and perused the^'ecord.

¶25

,/ '//

¶26

¶27

Dr SA,J & JS.J w P.No.20057 of 2022

¶28

Learned counsel for the petitioner would submit that the impugned detention order was passed by relying on a recent solitary crime registered against the detenu viz., Crime No.593 of 2021 of Jubilee Hills Police Station, Hyderabad Police Commissionerate, registered for the offence under Section B(c) read with 20 (b)(iiXC) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short,'NDPS Act'). The total quantity of ganja alleged to have been seized from the possession of the accused in the said crime is 40 Kgs. The detenu is A2 in the said crime. The respondent No.2 also passed detention order against 41-Narsingh Singh in the said crime and the same was confirmed by the Government. Challenging the said orders, A1 filed W.P.No.1B453 ot 2022 and this Court, after examining the contentions raised by both the sides, vide order, dated L4.06.2022, allowed the said Writ Petition by setting aside the detention order as well as the confirmation order^passed against A1 and ultimately,^prayed to set aside the impugned detention order and the consequential confirmation order^passed against the d eten u.

)

Learned Assistant Government Pleader^For Home did not dispute the : ubmission made by the learned :ounsel for the petitioner.

¶33

As see r from the material placed on i-ecorC and the submissions nade, it is clear that the detentic,n order passed against A1 in the said Crime No.593 of 2021 of Jubilee Hills Police Station, Hyde'abad Police Commissionerate, was ;:lready set aside by this Co rrt vide order, dated 14.06.20,1.2, passed in W.P.No.lB45 ; of 2022. Moreover, the impugnecl detention order was passed \ rithout adhering to the requirements,/mandate given under Sectior 3(2) of the Telangana Act 1 of .:9fi5 and by relying only on one crime registered for the oFfence punishable under Section B(c) ead with 20 (b) (ii) (C) of the NDPS lrct, which do not add up to di:turbing the public order and it is onl'y a law and order problem. Ur Cer these circumstances and since the facts and circumstanc( s of the present case are akin t:o the facts and circumstanct s in W.P.No.18453 of 2022, the imp,ugned orders are liable to be s:t aside.

¶34

In the result, the Writ Petition is allo\nrec. Tlre impugned detention r rder vide SB(I).No.470 /PD-7/|1Y{)i )027, dated

¶35

4 Dr SA,J & JS.J W t, r,Jo 20057 oi 2022

¶36

I I /

¶37

{

¶38

22.12.2027, passed by the respondent No.2, and the consequential confirmation order vide G.O.Rt.No.709, General Administration (Spl. (Law & Order)) Department, dated 25.03.2022, passed by the Chief Secretary to Government, General Administration (Spl. (Law & Order)) Department, Government of Telangana, are hereby set aside. The respondents are directed to set the detenu, namely Ramavath Ramesh, S/o. late R. Somlal, at Iiberty forthwith, if he is no longer required in any other criminal case.

¶39

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

¶40

Sd/. K. AMMAJI ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OIFICER