V. SHANTHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed assailing the order of detention dated 17.10.2016 passed by the 2nd respondent - Collector and District Magistrate, whereby the husband of the petitioner namely Unnam Mohan Rao was ordered to be detained in the Central Prison, Warangal.

(2.) The learned counsel for the petitioner submits that detention order was passed on 17.10.2016. When the matter was referred to the Advisory Board for review, the Board opined that there is sufficient cause to detain the petitioner's husband. Thereafter, the Government, vide G.O.Rt. No.18, dated 05.01.2017, confirmed the order of detention after considering the report of the Advisory Board and directed that detention of the petitioner's husband be continued for a period of 12 months from the date of detenu's detention i.e. 18.10.2016.

(3.) The learned counsel further submits that the aforesaid detention order was passed based upon three cases registered against the detenu. The first F.I.R. was registered on 26.09.2016 as Cr.No.186 of 2016 and second F.I.R. was registered on 08.10.2016 as Cr.No.192 of 2016 of Khammam III Town Police Station for the offences punishable under Sections 420 and 120-B read with 34 IPC and Sections 19 and 21 of the Seeds Act, 1966. In the first case, the detenu was arrested and subsequently released on bail. In the second case, the detenu was arrested on 15.10.2016, but he did not file any bail application and remained in prison. The third F.I.R. was registered on 13.10.2016 as Cr.No.138 of 2016 of Kamepally P.S. for the offences punishable under Sections 420 and 120-B IPC and Section 19(a) and 21 of the Seeds Act. All the cases were registered on the similar allegation that the detenu was supplying spurious JCH 801 chilli seeds to the farmers which failed to flower and resulted in loss to the farmers.