KONDAPLLI SEETHARAMYYA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, Sri Kondapalli Seetharamayya, who was accused in Crime No. 1 of 1993, Investigation Cell, Intelligence, Hyderabad, registered under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short TADA) and Section 8 of A.P. Public Security Act, was arrested on 20th March, 1993 at Anamanapudi village, Krishna district. Subsequently he was produced before the designated Court, i.e. Metropolitan Sessions Judge, Hyderabad and remanded to Judicial custody and is now lodged in the Central Jail, Musheerabad, Secunderabad. On 19-3-1994 a charge sheet was filed against him along with two others under Sections 3 and 4 of TADA Act and Section 8 of the A.P. Public Security Act in the Court of the Metropolitan Sessions Judge, Hyderabad which is the designated Court under the TADA Act. The designated Court had taken cognizance of the case and registered it as Sessions Case No. 130 of 1994 and made over to the IV Additional Sessions Judge, which is also a designated Court under the TADA Act. On 23-3-1994 another charge-sheet was filed against the petitioner and other accused for offences under Section 120-B, I.P.C., read with Section 3(1)(3) and (4) of TADA Act and Section 8 of the A.P. Public Security Act.

(2.) The petitioner filed bail application on 5-5-1994 before the designated Court to release him on bail which was dismissed. Subsequently he has filed this application under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus or similar order or direction and declare the detention of the petitioner as illegal and enlarge the petitioner on bail as required by Section 167 of the Criminal Procedure Code.

(3.) Before going into the respective contentions of the parties we would like to refer to the relevant provisions of the Criminal Procedure Code and the TADA Act.