SMT. SARASWATHI BAI Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) The detenu is one Gullu Singh, son of Rajan Singh, resident of Baba Balakdas Math, Upper Dhoolpet, Mangalhat, Hyderabad. He is termed as a "drug offender". He indulges in peddling of 'narcotic drugs' among innocent people in Hyderabad City, highly endangering the lives of youth and innocent people causing irreparable damage to the body parts including central nervous system, thereby crippling mental and physical health of the people who are addicted to drugs and thus, his illegal and highly dangerous activities are prejudicial to maintain public order and public health at large while affecting the health of young generation.

(2.) The present writ petition is filed by the mother of the detenu Smt. Saraswathi Bai seeking the relief of Habeas Corpus under Article 226 of the Constitution of India to produce the detenu and set him at liberty by declaring the detention order passed by respondent No.2 and confirmed by respondent No.1, referred to hereinabove, as illegal, arbitrary and violative of Article 21 of the Constitution of India.

(3.) The Commissioner of Police, Hyderabad City - respondent No.2 herein, referring to the above activities of the detenu, passed detention order, dated 28 -05 -2015, and also referring to that the detenu was involved in three cases i.e., (1) Crime No.63 of 2013, (2) 1763 of 2014 -15 and (3) 56 of 2015 registered under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') of Central Crime Station, Hyderabad, and that the detenu was arrested on 07.03.2013, in the first crime and remanded to judicial custody, but subsequently, he was released on bail and the case ended in conviction by the learned Metropolitan Sessions Judge, Hyderabad by inflicting sentence of rigorous imprisonment for eight (8) months and to pay a fine of Rs.1,000/ - in S.C. No.47 of 2014, dated 20.10.2014, and that he was arrested on 21.11.2014 in the second case and remanded to judicial custody and subsequently released on bail on 17.12.2014 and in the third crime he was arrested on 27.02.2015 and remanded to judicial custody and subsequently released on bail on 25.03.2015; and saying so, recorded his satisfaction that the detenu is a 'drug offender' as defined in Clause (f) of Section 2 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short ' the Act').