M RAM Vs. STATE OF TELANGANA AND ORS

JUDGEMENT

(1.) This writ petition is filed seeking quashing order dt.31.12.2015 of respondent No.2, ordering detention of one Mr. Arun, S/o. Srihari, resident of Karvan, Hyderabad District (for short, the detenu), by one Mr. Ram, cousin of the detenu.

(2.) A perusal of the detention order no doubt shows that the detenu appears to be a habitual offender indulging in sale of illicitly distilled liquor. The fact that there were as many as twenty eight old cases besides six cases mentioned in the grounds of detention bears ample testimony of the habitual nature of the petitioner in committing the offences repeatedly. However, Mr. C. Sharan Reddy, learned counsel for the detenu, submitted at the hearing that the order of detention discloses non-application of mind on the part of respondent No.2, in that though the detenu was under judicial remand in connection with FIR. No.225 of 2015, dt.25.12.2015, which fact was mentioned under ground No.6 of the grounds of detention, respondent No.2 has not recorded satisfaction that there is a possibility of the detenu coming out of the detention and that in such an event he is likely to commit further offences which may affect the public order. This submission is not disputed by the learned Government Pleader for Home (TS).

(3.) In N. Meera Rani v. Government of Tamil Nadu, 1989 4 SCC 418 after considering the case law on the subject, the Supreme Court summarized the principle as under: