LAWS(APH)-2016-11-56

MOHD. ZAHEER Vs. STATE OF TELANGANA, REP. BY ITS PRINCIPAL SECRETARY TO THE HOME DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD, AND OTHERS

Decided On November 15, 2016
Mohd. Zaheer Appellant
V/S
State Of Telangana, Rep. By Its Principal Secretary To The Home Department, Secretariat Buildings, Hyderabad, And Others Respondents

JUDGEMENT

(1.) This Writ Petition is filed for producing Mohd. Zakir Ali (hereinafter referred to as 'the detenu'), the son of the petitioner, and for setting him free from detention by issue of Habeas Corpus.

(2.) We have heard Sri K.Venumadhav, learned counsel for the petitioner, and learned Government Pleader for Home (T.S.).

(3.) The detenu was allegedly indulging in theft of mobile phones by heading a gang along with another person by name Yousuf. As per the impugned detention order dated 14-06-2016, the detenu and his gang have stolen as many as nine mobile phones, thereby disturbing the public order. The detenu was stated to have been taken into custody on 27-05-2016 after arrest and produced before the jurisdictional magistrate on 28-05-2016. Between 02-06-2016 and 13-06-2016, the detenu was released on bail under different bail orders connected with the criminal cases registered for alleged theft of the nine mobile phones. After the release of the detenu on 13-06-2016, the impugned detention order was passed on 14-06-2016 by respondent No. 3, in pursuance of which he was taken under detention. The main ground of challenge to this detention order by the petitioner is that all the criminal cases were foisted against the detenu and the mobile phones were planted, by forcing the friends of the detenu to buy new cell phones, showing them as having been seized from the custody of the detenu.