LAWS(APH)-2018-8-12

PULLURI VIJAY Vs. STATE OF TELANGANA, REP BY ITS CHIEF SECRETARY, SECRETARIAT BUILDINGS, HYDERABAD AND 7 OTHERS

Decided On August 01, 2018
Pulluri Vijay Appellant
V/S
State Of Telangana, Rep By Its Chief Secretary, Secretariat Buildings, Hyderabad And 7 Others Respondents

JUDGEMENT

(1.) The detention of the petitioners father viz., Sri Pulluri Krishna Murthy (for short the detenu) under Section 3 (1) and (2) of prevention of Black Marketing and Maintenance of Essential Commodities Act, 1980 (Act No.7 of 1980) vide Proc.No.F1/52/2018, dated 26.04.2018, of respondent No.5, is assailed in this Writ Petition.

(2.) The gravamen of the allegation against the detenu is that he has been habitually indulging in purchase of the rice meant for Public Distribution System and selling the same in black market. In the grounds of detention order, respondent No.5 has referred to as many as four cases booked against the petitioner, between 203.2017 and 28.12017, under Section 6-A of the Essential Commodities Act, 1955 (for short the Act).

(3.) Mr.Bollam Lingaiah Yadav, learned Counsel for the petitioner, relied upon a Judgment of this Court in Maimuna Begum vs. The State of Telangana, rep. by its Chief Secretary and submitted that the impugned detention order is liable to be set aside following the said Judgment. The learned Counsel further submitted that the allegation that the detenu had been purchasing the rice meant for Public Distribution System and selling the same in black market is false.