LAWS(APH)-2002-1-49

MOHAMMAD AHMED KHAN Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On January 25, 2002
MOHD.AHMED KHAN Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of a writ of Habeas Corpus directing the respondents to produce Mohd. Jahangir Khan (hereinafter referred to as 'the detenu'), now detained in Central Jail, Chanchalguda, Hyderabad by declaring the impugned detention order in proceedings SB (1) No. 1/PDA-LG/S-1/2001, dated 11th October, 2001 of the second respondent as bad, ultra vires and unconstitutional. The petitioner accordingly prays to set the detenu Mohd. Jahangir Khan at liberty.

(2.) The petitioner herein is the son of Mohd. Jahangir Khan - the detenu who has been detained under the provisions of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'the Act").

(3.) The second respondent-Commissioner of Police, Hyderabad City in exercise of the powers conferred under sub-section (2) of Section 3 of the Act read with G.O.Rt. No. 3769, General Administration (Law & Order-II) Department, dated 4-9-2001 passed the order of detention dated 11th October, 2001 directing the detenu to be detained and lodged in Central Prison, Chanchalguda, Hyderabad.